30 Miss. Code. R. 1601-5.2 - Definitions

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.

Y. Verified Complaint: A written, sworn complaint alleging violations of the Real Estate License Law submitted to the Commission for investigation, conclusion of which investigation may result in dismissal of the verified complaint without further action, or the issuance of a Formal Complaint by the Commission with notice to appear at an administrative hearing.

Z. Work File: Any and all documentation of a real estate transaction maintained by a licensee. This includes, but is not limited to the following when applicable to a real estate transaction:

1) Agency Agreements / Working With a Real Estate Broker forms (WWREB)

2) Contracts of Sale, with addendums

3) Closing documents / Closing Statements

4) Co-Op Agreements

5) Correspondence sent/received during the course of the transaction when same may be reasonably considered material/germane to the transaction

6) Dual Agency Confirmation forms

7) Escrow records

8) Home Inspection Reports

9) Leases

10) Listing agreements, including extensions (must be in writing to be valid)

11) Offers to Purchase

12) Options

13) Property Condition Disclosure Statements (PCDS), with Informational Statement or Seller's Statement of Exclusion, when applicable

14) Wood Destroying Insect Reports (WDIR)

Notes

30 Miss. Code. R. 1601-5.2

Miss. Code Ann. § 73-35-23, § 73-35-25, § 73-35-35 (1972, as amended).

Adopted 8/15/2022