30 Miss. Code. R. 1601-5.5 - Commencement of Disciplinary Proceedings/Administrative Hearings

A. If an allegation is not resolved informally or the Investigative Review Committee determines that an allegation warrants the issuance of a Formal Complaint, Commission staff may commence disciplinary proceedings by issuing a Formal Complaint and Notice of Hearing.

B. A Respondent shall be notified of the administrative hearing at least fifteen (15) days in advance of the date set for the hearing by written Notice of Hearing. The Formal Complaint shall set forth the charges and allegations against the Respondent in sufficient detail to provide sufficient disclosure and notice of all alleged violations of the Mississippi Real Estate License Law and/or the Commission Administrative Rules and other applicable laws governing the practice of real estate.

C. The Commission's staff will serve the Formal Complaint and Notice of Hearing on Respondent, with copy to the Responsible Broker, by:

1) Certified mail, postage pre-paid, to the last known address of the Respondent on record with the Commission; or

2) Personal Delivery; or

3) Electronic Delivery including email or facsimile.

D. Beginning no later than July 1, 2022, a Respondent will be provided a Notice of Option for Administrative Hearing Officer, along with service of the Formal Complaint and Notice of Hearing. The Notice of Option for Administrative Hearing Officer will set forth the option for the Respondent to request, in writing, that the administrative hearing be conducted by an Administrative Hearing Officer instead of a Commission Hearing Panel. A Respondent who chooses to have the administrative hearing conducted by an Administrative Hearing Officer must notify the Commission of that choice within ten (10) days of the date of service of the Formal Complaint, Notice of Hearing and Notice of Option for Administrative Hearing Officer.

E. A Respondent may file a response to the Formal Complaint but is not required to do so. Any written response to the charges set forth in a Formal Complaint must be filed with the Commission at least ten (10) days in advance of the date set for the hearing.

F. A Respondent may waive the right to a formal Administrative Hearing. Such waiver of the right to a hearing must be in writing, signed by the Respondent, and filed with the Commission.

G. A Formal Complaint may be resolved by agreement at any time prior to an Administrative Hearing by Agreed Order signed by Respondent and subject to approval by the full Commission.

H. All pleadings or other papers permitted or required to be filed with the Commission in connection with a pending disciplinary/administrative proceeding shall be filed by personal delivery or by certified mail to the office of the Commission, or by email properly addressed to the Commission Administrator. Service is effective upon personal delivery, mailing or, when delivered by email, upon acknowledged receipt of such email service.

I. A Respondent who is represented by legal counsel with respect to the disciplinary/administrative proceeding shall personally or through such counsel, give written notice to the Commission of the name, address, and telephone number of such counsel. Following receipt of proper notice of representation, all further notices, pleadings, subpoenas, orders, or other process related to the proceeding shall be served on Respondent through the designated counsel of record until such time as the withdrawal of counsel is filed with the Commission.

Notes

30 Miss. Code. R. 1601-5.5

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

Adopted 8/15/2022