30 Miss. Code. R. 1601-5.4 - Results of Formal Investigation

A. Upon completion of the formal investigation, the Investigative Review Committee will determine whether there is sufficient cause to believe that a violation exists of the Mississippi Real Estate License Law, the Commission Administrative Rules and/or other applicable laws governing the practice of real estate.

1) Upon a determination of sufficient cause to believe that a violation exists, the Investigative Review Committee shall refer the matter to Commission legal staff for the issuance of a Formal Complaint and Notice of Hearing. The Investigative Review Committee may also make a recommendation for resolution of the matter upon terms to be offered to the licensee.

2) Upon a determination of no sufficient cause to believe that a violation exists, the Investigative Review Committee:

(a) Will recommend dismissal of the matter, subject to review and approval of one (1) reviewing Commissioner and subsequent approval by the full Commission; and

(b) Upon approval for dismissal, shall notify the Complainant/complaining party and Respondent of the dismissal decision.

B. In circumstances where Commission Investigative Staff reasonably believe minor violations are established in the investigation, the matter may be concluded, as the individual circumstances may warrant, by:

1. Dismissal with Letter of Caution, subject to approval by the full Commission (not a reported disciplinary action); or

2. Informal Resolution with Letter of Reprimand or Suspension held in abeyance, with or without Probation or continuing education courses, subject to agreement and informed waiver by licensee of the issuance of a Formal Complaint and Administrative Hearing, and approval by the full Commission.

C. A pending Formal Complaint may be resolved by an agreed settlement proposal (Agreed Order) or other Informal Resolution disposition at any time prior to an administrative hearing upon written agreement of the licensee(s) and the Commission Staff, subject to approval of the full Commission at a regularly scheduled Commission meeting.

Notes

30 Miss. Code. R. 1601-5.4

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

Adopted 8/15/2022