reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.3 - Designated Officer

Current through June 25, 2024
1. Each AMC
				applying for registration shall designate one (1) controlling person who is an
				employee of the AMC as its Designated Officer. The Designated Officer shall be
				the AMC's designated contact for all communications between the Board and the
				AMC.
2. The Designated Officer
				shall be authorized by the AMC to act on its behalf for the purpose of the
				application for and compliance with a Certificate of Registration to operate as
				an AMC. The Designated Officer shall be responsible for the supervision and
				control of activities conducted on behalf of the AMC by its officers and
				employees as necessary to secure full compliance with the provisions of the
				Board's laws, rules and regulations.
3. The Designated Officer shall:
(a) Be authorized by the AMC to enter into a
				contractual relationship with other persons for the performance of services
				requiring registration as an AMC and have the authority to enter into
				agreements with appraisers for the performance of appraisals;
(b) Possess the power to direct or cause the
				direction of the management or policies of the AMC.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.4 - Renewal Process

Current through June 25, 2024
1. Certificates of
				Registration may be renewed for a period of one (1) year.
2. To obtain renewal of any registration, the
				holder of a current, valid registration shall file an application for renewal
				on the Board's prescribed form no earlier than one hundred twenty (120) days
				nor later than the expiration date of the registration then held.
3. The application for renewal of a
				Certificate of Registration of an AMC shall include substantially similar
				information as required for initial registration. The applicant shall fully and
				accurately report all information and submit all documentation required by the
				application and the Board.
4. The
				One Thousand Five Hundred Dollars ($1,500.00) renewal fee and the applicable
				National Registry Fee shall be submitted with the application for renewal.
5. Registrants may renew expired
				Certificates of Registration up to sixty days following expiration of the
				registration by satisfying all of the requirements for renewal and filing an
				application for renewal, accompanied by the 100% delinquent renewal fee, within
				sixty (60) days of the date that the registration expired.
6. After a Certificate of Registration has
				been expired for a period of time in excess of the above sixty (60) days, the
				Certificate of Registration may not be renewed. In order to acquire a
				Certificate of Registration, an AMC shall reapply as if applying for the
				initial registration.
Miss. Code Ann.
				  §§
										73-34-13,
				  73-34-25,
				  73-34-27,
				  73-34-45(2),
				  73-34-103(4)
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.5 - Fee Schedule

Current through June 25, 2024
1. The fees
				required of all AMCs for initial registration or renewing a registration under
				the Mississippi Appraisal Management Registration Act are set forth below.
2. The MAB shall charge and
				collect fees as follows:
(a) Certificate of
				Registration (Initial Registration and Renewal) $1,500.00
(b) Delinquent Renewal Fee (100% penalty)
				$1,500.00
(c) Dishonored Check Fee
				costs of collection plus $25.00
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.6 - Change of Information

Current through June 25, 2024
1. All applicants
				for and holders of an AMC Certificate of Registration and their Designated
				Officer shall, within ten (10) days, submit written notice to MAB of any change
				to the following:
(a) Name;
(b) Residence address;
(c) Business name;
(d) Business address,
(e) Business telephone number, or
(f) Mailing address, if different than above.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.7 - Background Investigations

Current through June 25, 2024
1. Each owner of
				more than ten percent (10%) of an AMC shall be of good moral character as
				determined by the MAB pursuant to Miss. Code Ann. §
									73-34-109(b),
				and shall submit to a background investigation authorized by the Board.
2. Background investigations shall
				be conducted by a law enforcement agency or entity authorized by the Board and
				shall be conducted at the applicant's expense. The Board shall conduct searches
				for participating state AMC registration and licensing checks through the
				National Registry, or other venues as directed by the Board. Statewide criminal
				background checks are to be initiated by the applicant with the results to be
				sent directly to the Board.
Miss. Code Ann.
				  §
										73-34-109(1)(b),
				  (2) (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.8 - Bookkeeping Provisions

Current through June 25, 2024
1. Each registrant
				shall maintain records as follows:
(a)
				detailed record of each service request that it receives for appraisal of real
				property located in Mississippi, which shall include, but is not limited to:
i. a copy of the letter of engagement between
				the registrant and the appraiser;
ii. a copy of each appraisal report received
				from an appraiser, including the original report, any revised reports, and any
				addenda or other materials furnished subsequent to the delivery of the original
				report;
iii. copies of all
				correspondence between the appraiser and the registrant and any other entity
				involved in the transaction;
iv. a
				copy of the letter of engagement engaging another appraiser for the purpose of
				reviewing the appraisal;
v. a copy
				of any review of the appraisal performed, including the original review report,
				subsequent correspondence between the reviewer and registrant, and each
				subsequent revised review report;
vi. a copy of the request received from the
				registrant's client, all documentation supplied to that client, all
				correspondence between client and registrant; and
vii. a record of fees disbursed to contracted
				appraisers and the fee received by the registrant from the registrant's client.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.9 - Annual Certifications

Current through June 25, 2024
Each AMC shall certify on an annual basis:
1. That it has systems in place to verify
				that:
(a) An individual on the appraiser
				panel has not had a license or certification as an appraiser refused, denied,
				cancelled, revoked or surrendered in lieu of a pending revocation in the
				previous twelve (12) months; and
(b) Only licensed or certified appraisers are
				used to complete appraisal assignments in connection with federally related
				transactions.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.10 - Violations of Employees, Partners, Directors, Officers or Agents of an AMC

Current through June 25, 2024
It shall be a violation of Sections
				  73-34-101
				  through
				  73-34-131
				  of the Board's laws for any employee, partner, director, officer or agent of an
				  AMC to:
1. Influence or attempt to
				influence the development, reporting, result or review of an appraisal through
				coercion, extortion, collusion, compensation, inducement, intimidation, bribery
				or in any other manner, including, but not limited to:
(a) Withholding or threatening to withhold
				timely payment or partial payment for an appraisal with the exception of a
				substandard or noncompliant appraisal;
(b) Withholding or threatening to withhold
				future business from an appraiser, or demoting, terminating or threatening to
				demote or terminate an appraiser;
(c) Promising or implying that an appraiser
				may be given opportunities for future business, promotions or increased
				compensation;
(d) Conditioning an
				assignment of an appraisal or the payment of an appraisal fee or salary or
				bonus on the opinion, conclusion or valuation to be reached, or on a
				preliminary estimate or opinion requested from an appraiser;
(e) Requesting that an appraiser provide an
				estimated, predetermined or desired valuation in an appraisal, or provide
				estimated values or comparable sales at any time prior to the appraiser's
				completion of an appraisal;
(f)
				Providing to an appraiser an anticipated, estimated, encouraged or desired
				value for a subject property or a proposed or target amount to be loaned to the
				borrower, except that a copy of the sales contract for purchase transactions
				may be provided; and
(g) Requiring
				an appraiser to prepare an appraisal report if the appraiser has indicated to
				the AMC that he or she does not have the necessary expertise for the specific
				geographic area;
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 2 - Registration › Rule 30-1502-2.11 - Removal of Appraisers from AMC Appraiser Panel

Current through June 25, 2024
1.
				Notice.
(a) Notwithstanding any provision of
				Miss. Code Ann. §
										73-34-129,
				an AMC may not remove an appraiser from its appraiser panel, or otherwise
				refuse to assign requests for real estate appraisal services to an appraiser
				without written notice to the appraiser stating the reasons why the appraiser
				is being removed from the appraiser panel.
(b) If the appraiser is being removed from
				the panel for illegal conduct, violation of USPAP, or a violation of state
				licensing standards, the written notice should notify the appraiser of the
				nature of the alleged conduct or violation; and
(c) The notice must provide an opportunity
				for the appraiser to respond to the notice.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 3 - Disciplinary Authority, Complaints And Proceedings › Rule 30-1502-3.1 - Grounds for Disciplinary Action

Current through June 25, 2024
1. In accordance
				with the laws of this state, and to the extent permitted by any applicable
				federal legislation or regulation, the Board may censure an AMC, conditionally
				or unconditionally suspend or revoke any registration issued, or deny renewal
				of any registration issued, or levy fines or impose civil penalties not to
				exceed Five Thousand Dollars ($5,000.00), if after appropriate investigation
				the Board concludes that an AMC is attempting to perform, has performed, or has
				attempted to perform any of the following acts:
(a) Committed any act in violation of the
				Board's laws;
(b) Violated any
				rule or regulation adopted by the Board in the interest of the public and
				consistent with the provisions of the Board's laws; or
(c) Procured a registration for itself or any
				other person by fraud, misrepresentation or deceit.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 3 - Disciplinary Authority, Complaints And Proceedings › Rule 30-1502-3.2 - Complaints

Current through June 25, 2024
1. A complaint may be filed with the Board
				alleging that an AMC, an employee, partner, officer or agent of the AMC has
				committed a violation of the Board's laws and/or rules and regulations. The
				complaint must be in writing, signed by the complainant and contain facts to
				support each allegation of violation. Documents and evidence in support of the
				complaint should be submitted with the complaint.
2. Upon receipt of a complaint:
(a) The Board staff shall assign the
				complaint a case number;
(b) If it
				is determined at any time that the complaint is not within the Board's
				jurisdiction or that no violation exists, a recommendation will be made to the
				Board to dismiss the complaint.
(c) A written notice and copy of the
				complaint shall be sent to the AMC advising of the allegations and a request
				made for the AMC to submit a response within twenty (20) days of the receipt of
				the notice.
(d) The response shall
				include the following:
(i) A written response
				to the complaint, addressing each and every element thereof;
(ii) A copy of all requested records and any
				other relevant records; and
(iii)
				A list of any and all persons known to the registrant to have actual knowledge
				of any of the matters made the subject of the complaint and, contact
				information, if known.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 3 - Disciplinary Authority, Complaints And Proceedings › Rule 30-1502-3.3 - Adjudicatory And Disciplinary Proceedings

Current through June 25, 2024
1. If an
				investigation or information indicates that an AMC has committed a violation of
				the Board's laws and/or rules and regulations, adjudicatory and disciplinary
				proceedings may be initiated.
2.
				Before censuring any registrant, or suspending or revoking any registration the
				Board shall:
(a) Notify the registrant in a
				Notice of Hearing and Complaint of any charges made at least twenty (20) days
				before the date set for the hearing; and
(b) Afford the registrant an opportunity to
				be heard in person or by counsel.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 3 - Disciplinary Authority, Complaints And Proceedings › Rule 30-1502-3.4 - Appeals

Current through June 25, 2024
The decision and order of the Board may be appealed in
				  accordance with the applicable statutes.
Miss. Code Ann .
				  §
										73-34-43
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 4 - AMC National Registry › Rule 30-1502-4.1 - Requirements for the National Registry

Current through June 25, 2024
1. On or after June
				1, 2020, the Board will implement its program pursuant to authority of Miss.
				Code Ann. §
									73-34-45(3)
				for collection and submission of the information required by the ASC to
				maintain the AMC Registry of Appraisal Management Companies (AMCs) that are
				required to be registered with the State of Mississippi.
(a) The Board will transmit to the ASC
				reports on a timely basis of supervisory activities involving AMCs registered
				to conduct business in Mississippi, including reports of investigations
				resulting in disciplinary actions taken.
(i)
				All disciplinary actions imposed by the Board upon an AMC registered in this
				state will be reported to the National Registry maintained within five (5)
				business days after the disciplinary action has become final pursuant to
				applicable Mississippi law.
(ii)
				Any disciplinary action that interrupts the ability of an AMC to provide
				appraisal management services pursuant to state or federal law or regulation
				will result in the immediate status change to "inactive" on the National
				Registry.
(iii) The Board will
				report to the ASC as soon as practicable following receipt of notice that an
				AMC is no longer registered with or conducting business in Mississippi.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 4 - AMC National Registry › Rule 30-1502-4.2 - Registry Fee

Current through June 25, 2024
1. On an annual
				basis, the Board shall transmit to the ASC the National Registry fee required
				by the ASC for appraisal management companies registered to conduct business in
				Mississippi.
2. On form(s)
				provided by the Board, each AMC registering for or renewing registration to
				conduct business in this state shall provide information necessary for the
				calculation of the applicable AMC National Registry fee.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1502 - Appraisal Management Companies › Chapter 4 - AMC National Registry › Rule 30-1502-4.3 - Authorized Registry Official

Current through June 25, 2024
1. For purposes of
				access to AMC National Registry data, the Administrator of the Mississippi Real
				Estate Commission is designated as the Authorized Registry Official (ARO).
2. Pursuant to written policy
				established by the Board, the Authorized Registry Official (ARO) shall maintain
				procedures for access to any non-public or restricted national registry
				information. Such policy and procedures shall identify any individual
				authorized to act on behalf of the ARO and procedures to protect registry
				database credentials required for access to any non-public or restricted
				national registry information.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.1 - Scope

Current through June 25, 2024
These rules apply to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  on proposed new rules and amendments to rules before the Mississippi Real
				  Estate Appraiser Licensing and Certification Board (Board).
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.2 - When Oral Proceedings will be scheduled on Proposed Rules

Current through June 25, 2024
The Board will conduct an oral proceeding on a proposed rule
				  or amendment if requested by a political subdivision, an agency or ten (10)
				  persons in writing within twenty (20) days after the filing of the notice of
				  the proposed rule.
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.3 - Request Format

Current through June 25, 2024
Each request must be printed or typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the Board and signed by the requestor(s).
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.4 - Notification of Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's office and mailed to each requestor. The
				  oral proceedings will be scheduled no earlier than twenty (20) days from the
				  filing of this information with the Secretary of State.
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.5 - Presiding Officer

Current through June 25, 2024
The Board Administrator or his designee, who is familiar
				  with the substance of the proposed rule, shall preside at the oral proceeding
				  on a proposed rule.
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.6 - Public Presentation and Participation

Current through June 25, 2024
1. At an oral
				proceeding on a proposed rule, persons may make oral statements and make
				documentary and physical submissions, which may include data, views, comments
				or arguments concerning the proposed rule.
2. Persons wishing to make oral presentations
				at such a proceeding shall notify the Board at least one business day prior to
				the proceeding and indicate the general subject of their presentations. The
				presiding officer in his or her discretion may allow individuals to participate
				that have not previously contacted the Board.
3. At the proceeding, those who participate
				shall indicate their names and addresses, identify any persons or organizations
				they may represent, and provide any other information relating to their
				participation deemed appropriate by the presiding officer.
4. The presiding officer may place time
				limitations on individual oral presentations when necessary to assure the
				orderly and expeditious conduct of the oral proceeding. To encourage joint oral
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
5. Persons making
				oral presentations are encouraged to avoid restating matters that have already
				been submitted in writing.
6. There
				shall be no interruption of a participant who has been given the floor by the
				presiding officer, except that the presiding officer may in his or her
				discretion interrupt or end the participant's time where the orderly conduct of
				the proceeding so requires.
Miss. Code Ann. §
										25-43-3.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 1 - Oral Proceedings › Rule 30-1503-1.7 - Conduct of Oral Proceeding

Current through June 25, 2024
1. Presiding
				Officer - The presiding officer shall have authority to conduct the proceeding
				in his or her discretion for the orderly conduct of the proceeding. The
				presiding officer shall:
(a) call proceeding
				to order;
(b) give a brief synopsis
				of the proposed rule, a statement of the statutory authority for the proposed
				rule, and the reasons provided by the Board for the proposed rule;
(c) call on those individuals who have
				contacted the Board about speaking on or against the proposed rule;
(d) allow for rebuttal statements following
				all participant's comments; and
(e)
				adjourn the proceeding.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.1 - Scope

Current through June 25, 2024
These rules set forth the Mississippi Real Estate Appraiser
				  Licensing and Certification Board's (Board) rules governing the form, content
				  and filing of requests for declaratory opinions, and the Board's procedures
				  regarding the requests. These rules are intended to supplement and be read in
				  conjunction with the provisions of the Mississippi Administrative Procedures
				  Law, which may contain additional information regarding the issuance of
				  declaratory opinions. In the event of any conflict between these rules and the
				  Mississippi Administrative Procedures Law, the latter shall
				  govern.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.2 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Board by following the specified
				  procedures. A substantial interest in the subject matter means: an individual,
				  business, group or other entity that is directly affected by the Board's
				  administration of the laws within its primary jurisdiction. Primary
				  jurisdiction of the agency means the agency has a constitutional or statutory
				  grant of authority in the subject matter at issue.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.3 - Subjects Which May Be Addressed in Declaratory Opinions

Current through June 25, 2024
The Board will issue declaratory opinions regarding the
				  applicability to specified facts of: (1) a statute administered or enforced by
				  the Board or (2) a rule promulgated by the Board. The Board will not issue a
				  declaratory opinion a statute or rule which is outside the primary jurisdiction
				  of the Board.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.5 - Written Request Required

Current through June 25, 2024
Each request must be printed or typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the Board.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.6 - Where to Send Requests

Current through June 25, 2024
All requests must be sent to the Board Administrator, The
				  Mississippi Real Estate Appraiser Licensing and Certification Board: (1) by
				  mail at P.O. Box 12685, Jackson, MS 39236; or (2) delivered to 2506 Lakeland
				  Drive, Suite 300, Flowood, MS 39232; or (3) sent via facsimile to (601
				  932-2990. All requests must be sent to the attention of Declaratory Opinion
				  Request as follows: ATTN: DECLARATORY OPINION REQUEST
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.7 - Name, Address, and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, who shall attest that the request complies with the
				  requirements set forth in these rules, including but not limited to a full,
				  complete and accurate statement of relevant facts and that there are no related
				  proceedings pending before any other administrative or judicial
				  tribunal.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.8 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
1. A clear and concise statement of all facts
				on which the opinion is requested;
2. A citation to the statute or rule at
				issue;
3. The question(s) sought to
				be answered in the opinion, stated clearly;
4. A suggested proposed opinion from the
				requestor, stating the answers desired by petitioner and a summary of the
				reasons in support of those answers;
5. The identity of all other known persons
				involved in or impacted by the described factual situation, including their
				relationship to the facts, name, mailing address and telephone number;
				and
6. A statement to show that the
				person seeking the opinion has a substantial interest in the subject
				matter.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.9 - Time for Board Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the Board shall, in writing:
1. Issue a
				declaratory opinion regarding the specified statute or rule as applied to the
				specified circumstances;
2. Decline
				to issue a declaratory opinion, stating the reasons for its action;
				or
3. Agree to issue a declaratory
				opinion by a specified time but not later than ninety (90) days after receipt
				of the written request.
4. The
				forty-five (45) day period shall begin running on the first State of
				Mississippi business day on or after the request is received the Board,
				whichever is sooner.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.10 - Opinion Not Final for Sixty Days

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the Board may, in its discretion, withdraw or
				  amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains a legal or factual
				  error.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.11 - Notice by Board to third parties

Current through June 25, 2024
The Board may give notice to any person, agency or entity
				  that a declaratory opinion has been requested, and may receive and consider
				  data, facts arguments and opinions from other persons, agencies or other
				  entities other than the requestor.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.12 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Board's public records request procedure. All
				  declaratory opinions and requests shall be indexed by name and subject.
				  Declaratory opinions and requests which contain information which is
				  confidential or exempt from disclosure under the Mississippi Public Records Act
				  or other laws shall be exempt from this requirement and shall remain
				  confidential.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1503 - Oral Proceedings & Declaratory Opinions › Chapter 2 - Declaratory Opinions › Rule 30-1503-2.13 - Effect of a Declaratory Opinion

Current through June 25, 2024
The Board will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Board and who, in good faith, follows the direction of the opinion and acts
				  in accordance therewith unless a court of competent jurisdiction holds that the
				  opinion is manifestly wrong. Any declaratory opinion rendered by the Board
				  shall be binding only on the Mississippi Real Estate Appraiser Licensing and
				  Certification Board and the person to whom the opinion is issued. No
				  declaratory opinion will be used as precedent for any other transaction or
				  occurrence beyond that set forth by the requesting person.
Miss. Code Ann. §
				  25-43-2-103 (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1504 - Board Organization › Chapter 1 - Board Organization › Rule 30-1504-1.1 - Members

Current through June 25, 2024
1. There is hereby established, as an adjunct
				board to the Mississippi Real Estate Commission, a Board to be known as the
				Mississippi Real Estate Appraiser Licensing and Certification Board, which
				shall consist of six (6) members. Five (5) members shall be appointed by the
				Governor, with the advice and consent of the Senate, one (1) from each
				Congressional District as such District existed on July 1, 2004 and one (1)
				from the state at large; and the Administrator of the Mississippi Real Estate
				Commission shall be an ex officio, non-voting member.
2. At least three (3) members shall be
				certified general real estate appraisers or at least two (2) members shall be
				certified general real estate appraisers and one member may be a certified
				residential real estate appraiser. Not more than two (2) positions on the board
				shall be filled with appointees who hold membership in the same professional
				appraisal organization. Upon the expiration of a member's term, such member
				shall continue to serve until the appointment and qualification of a successor.
				No person shall be appointed as a member of the board for more than two (2)
				consecutive terms.
3. A quorum of
				the board shall be three (3) voting members with at least one (1) present being
				a licensed certified general real estate appraiser or a certified residential
				real estate appraiser. The board shall elect a chairman and such other officers
				as it deems necessary. Such officers shall serve as such for terms established
				by the board.
Miss. Code Ann. §
										73-34-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 1 - Licensing › Rule 30-1601-1.1 - Applying for a License

Current through June 25, 2024
A. An applicant for
				a broker's license must pass the National Portion of the broker's examination
				with a grade of at least 75% and must pass the State Specific Portion of the
				examination with a grade of at least 80%.
B. An applicant for a salesperson's license
				must pass the National Portion of the salesperson's examination with a grade of
				at least 70% and must pass the State Specific Portion of the examination with a
				grade of at least 75%.
C. An
				application fee must accompany the application and will not be refunded after
				the applicant is scheduled for the examination.
D. The approved Examination Testing Provider
				will administer examination in various locations in and near the State of
				Mississippi. Applicants will arrange the time and place of their examination
				with the Testing Provider.
E. When
				an applicant is approved for either examination, applicant has two months in
				which to take and pass both the National Portion and the State Specific Portion
				of the examination. If the applicant fails to appear for the examination within
				the two months allowed, applicant's fee will be forfeited and their file
				closed. If the applicant fails to pass the first examination, applicant will be
				allowed to take the next examination with the payment of an additional fee to
				the Testing Provider. If the applicant fails to appear for the second
				examination, fees will be forfeited and their file closed.
F. If a corporation has been chartered by the
				state of Mississippi, the license will be issued in the corporate name except
				that no license will be issued for a corporation, company, or trade name where
				there exists in that county or trade area a real estate broker or real estate
				agency having a substantially similar name.
G. A real estate licensee of another state
				who desires to obtain a license under this chapter shall be exempt from the
				examination provided the examination administered in the other state is
				determined by the Commission to be equivalent to such examination given in this
				state and provided that such other state extends this same privilege or
				exemption to Mississippi real estate licensees.
Real estate education courses obtained through sources
				  (providers) other than those set forth in Section
				  73-35-7
				  of the statute but which are accepted in the state where the applicant is
				  licensed, may be accepted by the Commission provided the state where the
				  applicant is licensed has entered into a reciprocal agreement with this
				  state.
Miss. Code Ann.
				  §§
										73-35-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 1 - Licensing › Rule 30-1601-1.2 - Changing the Status of a License

Current through June 25, 2024
A. To change a
				license from active to inactive status, licensee shall notify the Commission in
				writing, shall insure that the license is returned to the Commission and shall
				pay the appropriate fee. A licensee who is on inactive status at time of
				renewal may renew the license on inactive status by filing a renewal
				application and paying the renewal fee. A broker who terminates a real estate
				business may place the business license on inactive status. To return to active
				status, a salesperson or broker/salesperson must file a transfer application. A
				broker and/or a business license may be activated by notifying the Commission
				by letter or transfer application including required fee.
B. When a licensee wishes to transfer from
				one broker to another, the transferring licensee must file a transfer
				application signed by the new broker accompanied by the transfer fee and must
				furnish a statement that the licensee is not carrying any listings or pertinent
				information belonging to the former broker unless that broker so
				consents.
C. Any licensee who has
				entered active duty military service due to draft laws or national emergency
				shall, upon his return to civilian life and within twelve (12) months after
				honorable discharge, be considered, so far as this Commission is concerned, to
				have been continuously engaged in the real estate business in the same capacity
				as when the licensee entered military service.
Miss. Code Ann.
				  §§
										73-35-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 2 - Fees › Rule 30-1601-2.1

Current through June 25, 2024
The following fees are set by the Commission in accordance
				  with Section
				  73-35-17:
A. Application and one year's use of license:
(1)
						  Broker........................................................
$150.00
(2)
						  Salesperson...........................................
$120.00
B. Application for license as a real estate broker
						  issued for partnership, association, or corporation and one year's use of
						  license:
(1) Partnership, association or
						  corporation......................................................................
$ 75.00
(2) Branch
						  Office.............................................................
$ 50.00
C. Renewal fees for two-year period (Maximum):
(1) Broker
						  (individual).....................................................
$150.00
(2) Broker (partnership, association,
						  corporation)..........................................
$150.00
(3) Salesperson.........................................
$120.00
(4) Branch
						  Office...........................................
$100.00
Penalty for late renewal within grace period - 100%
D. Changes:
(1) Place of business change (active license
						  only)...............................
$ 50.00
(2) Each duplicate
						  license......................................................
$ 50.00
(3) Each transfer of
						  license..........................................
$ 50.00
(4) Status change from active to inactive
						  status..............................................
$ 25.00
(5) Status change from inactive to active
						  status...............................................
$ 50.00
E. Check charge:
(1) Each check returned not paid to the
						  Commission....................................
$ 25.00
Miss. Code Ann.
				  §§
										73-35-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 2 - Fees › Rule 30-1601-2.2 - All fees are the same for both Resident and Nonresident Licenses

Current through June 25, 2024
Fees and monies payable to the Mississippi Real Estate
				  Commission may be by personal check, cash, cashier's check or money order. All
				  personal checks shall be made payable to the Mississippi Real Estate
				  Commission. Any personal checks returned not paid or for any other reason shall
				  constitute justifiable grounds for refusing, suspending or revoking a
				  license.
Non-sufficient fund (NSF) checks, if not made good by
				  renewal deadline, will cause the licensee to be in non-renewal status and
				  necessitates the payment of a penalty (100%) by licensee.
Miss. Code Ann.
				  §§
										73-35-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 3 - Administration/Conducting Business › Rule 30-1601-3.2 - Documents

Current through June 25, 2024
A. A real estate licensee shall immediately
				(at the time of signing) deliver a true and correct copy of any instrument to
				any party or parties executing the same.
B. All exclusive listing agreements shall be
				in writing, properly identify the property to be sold, and contain all of the
				terms and conditions under which the transaction is to be consummated;
				including the sales price, the considerations to be paid, the signatures of all
				parties to the agreement, and a definite date of expiration. No listing
				agreement shall contain any provision requiring the listing party to notify the
				broker of their intention to cancel the listing after such definite expiration
				date. An "Exclusive Agency" listing or "Exclusive Right to Sell" listing shall
				clearly indicate in the listing agreement that it is such an
				agreement.
C. All exclusive buyer
				representation agreements shall be in writing and properly identify the terms
				and conditions under which the buyer will rely on the broker for the purchase
				of real estate; including the sales price, the considerations to be paid, the
				signatures of all parties to the agreement, and a definite date of expiration.
				The buyer may terminate the agreement upon fifteen (15) calendar days written
				notice to the buyer's exclusive agent. An Exclusive Buyer Representation
				agreement shall clearly indicate in the body of the document that it is such an
				agreement.
D. In the event that
				more than one written offer is made before the owner has accepted an offer, any
				other written offer received by the listing broker, whether from a prospective
				purchaser or from another licensee cooperating in a sale, shall be presented to
				the owner unless the listing broker has specific, written instructions from the
				owner to postpone the presentation of other offers. Broker should caution the
				seller against countering on more than one offer at the same time.
E. Every real estate contact must reflect
				whom the broker represents by a statement over the signatures of the parties to
				the contract.
F. No licensee shall
				represent to a lender or any other interested party, either verbally or through
				the preparation of a false sales contract, an amount in excess of the true and
				actual selling price.
G. A real
				estate broker must keep on file for three years following its consummation,
				complete records relating to any real estate transaction. This includes, but is
				not limited to: listings, options, leases, offers to purchase, contracts of
				sale, escrow records, agency agreements and copies of all closing
				statements.
Miss. Code Ann.
				  §§
										73-35-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 3 - Administration/Conducting Business › Rule 30-1601-3.4 - Earnest Money

Current through June 25, 2024
A. The responsible
				broker is responsible at all times for earnest money deposits. Earnest money
				accepted by the broker or any licensee for which the broker is responsible and
				upon acceptance of a mutually agreeable contract is required to deposit the
				money into a trust account prior to the close of business of the next banking
				day. The responsible broker is required to promptly account for and remit the
				full amount of the deposit or earnest money at the consummation or termination
				of transaction. A licensee is required to pay over to the responsible broker
				all deposits and earnest money immediately upon receipt thereof. Earnest money
				must be returned promptly when the purchaser is rightfully entitled to same
				allowing reasonable time for clearance of the earnest money check. In the event
				of uncertainty as to the proper disposition of earnest money, the broker may
				turn earnest money over to a court of law for disposition. Failure to comply
				with this regulation shall constitute grounds for revocation or suspension of
				license.
B. When the broker is the
				agent for the seller and for any reason the seller fails or is unable to
				consummate the transaction, the broker has no right to any portion of the
				earnest money deposited by the purchaser, even if a commission has been earned.
				The entire amount of the earnest money deposit must be returned to the
				purchaser and the broker should look to the seller for compensation.
C. Accurate records shall be kept on escrow
				accounts of all monies received, disbursed, or on hand. All monies shall be
				individually identified as to a particular transaction. Escrow records shall be
				kept in accordance with standard accounting practices and shall be subject to
				inspection at all times by the Commission.
Monies received in a trust account on behalf of clients or
				  customers are not assets of the broker; however, a broker may deposit and keep
				  in each escrow account or rental account some personal funds for the express
				  purpose of covering service charges and other bank debits related to each
				  account.
D. If a broker, as
				escrow agent, accepts a check and later finds that such check has not been
				honored by the bank on which it was drawn, the broker shall immediately notify
				all parties involved in the transaction.
Miss. Code Ann.
				  §§
										73-35-35