Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 5 - Complaint Procedures; Administrative and Disciplinary Proceedings › Rule 30-1601-5.2 - Definitions

Current through June 25, 2024
For Part 1601, Chapter 5 only, the following terms have the
				  meanings indicated:
A. Administrative
				Hearing: A formal hearing, with record made by a Certified Court Reporter
				before a Commission Hearing Panel, or Administrative Hearing Officer, to
				consider and adjudicate disciplinary proceedings or other matters pending on
				the administrative docket of the Commission.
B. Administrative Hearing Officer: A staff
				attorney employed by the Attorney General's office and designated by the
				Attorney General for the purpose of holding hearings, hearing evidence and
				rendering decisions on matters determined to be the subject of an
				administrative hearing.
C.
				Administrative Hearing Officer Option: The option for a licensee/Respondent to
				elect to have his or her Administrative Hearing conducted by an Administrative
				Hearing Officer instead of a Commission Hearing Panel. When the Administrative
				Hearing Officer Option is elected, the Administrative Hearing Officer shall
				have the same powers to conduct administrative hearings and render decisions as
				would the Commission Hearing Panel.
D. Agreed Order: A written agreement
				submitted by the licensee(s) and Commission Staff resolving a Formal Complaint
				or other matter pending on the administrative docket of the
				Commission.
E. Allegation: A claim
				or accusation of a violation of the Mississippi Real Estate Commission License
				Law (the Real Estate Brokers License Law of 1954) and/or the Commission's
				Administrative Rules and/or other applicable laws governing the practice of
				real estate.
F. Appellant: A
				Respondent who makes an appeal of an adverse order, ruling or decision of the
				Mississippi Real Estate Commission to a circuit court or other appellate court,
				as may be provided by law.
G.
				Commission: The Mississippi Real Estate Commission, including its'
				Commissioners and authorized employees or legal counsel acting on its
				behalf.
H. Commissioners: The
				seated members of the Mississippi Real Estate Commission as appointed by the
				Governor with the advice and consent of the Senate pursuant to Miss. Code Ann.
				§
									73-35-5.
I. Commission Hearing Panel: The three to
				five-member panel of the Commissioners designated to hear disciplinary
				proceedings, pursuant to Miss. Code Ann. §
									73-35-21.
				Commissioners may be designated to sit on an Administrative Hearing Panel on a
				rotating basis.
J. Complaint
				Counsel: The attorney retained by the Commission to prosecute licensees and
				other alleged violators of the Mississippi Real Estate Commission License Law,
				the Commission's Administrative Rules and/or other applicable laws governing
				the practice of real estate.
K.
				Date of Service/Delivery: Date of Service means the delivery of a notice,
				order, or other document by the Commission to a licensee or other party. When
				delivery is by handdelivery or personal delivery, delivery is complete when
				handed to a licensee or other party, or left at the office, dwelling house or
				usual abode of the licensee or other party with some person of suitable age and
				discretion. Delivery by electronic means is complete when the licensee or party
				acknowledges receipt. Delivery by mail is complete upon the date of
				mailing.
L. Due Process: Due
				Process in administrative/disciplinary proceedings before the Mississippi Real
				Estate Commission means the provision of notice to applicants or licensees of
				any alleged deficiencies or allegations of violations of the Mississippi Real
				Estate Commission License Law, Commission Administrative Rules or other
				applicable laws, and the opportunity to respond and defend against those
				alleged deficiencies or allegations of violations at an administrative
				hearing.
M. Executive Director: The
				Administrator, Chief Executive Officer, or other designee employed by the
				Commissioners to manage the day-to-day operations of the Commission.
N. Formal Complaint: A formal document
				charging a licensee with a violation of the Mississippi Real Estate Commission
				License Law, and/or the Commission's Administrative Rules, and/or other laws
				governing the practice of real estate. A Formal Complaint may result following
				the conclusion of an investigation of a verified/swom complaint submitted to
				the Commission or may be initiated by the Commission.
O. Full Commission: A majority or quorum of
				the seated Commissioners of the Mississippi Real Estate Commission.
P. Hearing Officer: The Chairman or
				designated Commissioner, or Administrative Hearing Officer, who will preside
				over administrative hearings before the Commission and exercise those powers as
				defined in the Administrative Rules of the Mississippi Real Estate
				Commission.
Q. Informal Conference:
				An informal interview or meeting, occurring at any time prior to the Commission
				entering any order with respect to pending allegation(s), between the
				Investigative Review Committee, Investigator(s), and the Respondent, and/or
				Respondent's legal counsel, to explore the issues involved in the allegation(s)
				and to facilitate the disposition of the allegation(s).
R. Informal Resolution: A written agreement
				submitted by the licensee(s) and Commission resolving an allegation of
				violation(s), or other matter(s) pending on the administrative docket of the
				Commission wherein the licensee has waived the service of a Formal Complaint
				and Notice of Hearing.
S.
				Investigative Review Committee: An intraagency committee consisting of
				Commission Investigative Staff and legal counsel, assembled for the purpose of
				reviewing allegations of violations of the Mississippi Real Estate Commission
				License Law and/or the Commission's Administrative Rules and/or other
				applicable laws governing the practice of real estate.
T. Licensee: Any individual licensed to
				practice by the Mississippi Real Estate Commission.
U. Notice of Hearing: A written notification
				to a licensee to appear before the Commission, or Administrative Hearing
				Officer when applicable, for an administrative hearing at a scheduled place,
				date, and time.
V. Mississippi Real
				Estate Commission License Law: §§
									73-35-1,
et seq.,
and §§
									89-1-501,
et seq.,
of the Mississippi Code of 1972, as
				amended.
W. Respondent: A licensee
				or applicant against whom the Commission has initiated a formal or informal
				action.
X. Time Period: Unless
				indicated otherwise, when the period is stated in days or a longer unit of
				time:
a. In computing any period of time
				prescribed or allowed by these rules, the day of the event that triggers the
				period shall not be included.
b.
				Every day, including intermediate Saturdays, Sundays, and legal holidays shall
				be included. However, when any time period prescribed or allowed is less than
				seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be
				excluded in the computation.
c. The
				last day of the period so computed shall be included, unless it is a Saturday,
				a Sunday, or a legal holiday, as set forth in Mississippi statute(s). In such
				case, the period continues to run until the end of the next day that is not a
				Saturday, Sunday, or legal holiday. In the event a legal holiday falls on a
				Sunday, the next following day shall be a legal holiday.
d. Whenever a licensee has the right or is
				required to do some act or take some proceedings within a prescribed time
				period after the service of a notice, order, or other document by the
				Commission that is served upon him or her by mail, three (3) days shall be
				added to the prescribed period.