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MS HB1070

Bill

Status

Failed

2/1/2022

Primary Sponsor

Percy Watson

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Requires the Mississippi Real Estate Commission to establish an administrative hearing option by July 1, 2022, allowing licensees charged with violations to request hearings before Attorney General staff attorneys instead of the commission

  • Prohibits commission personnel from communicating with licensees about investigations until written notice is delivered to the licensee's responsible broker, and allows licensees to communicate through legal counsel

  • Appeals from adverse rulings now automatically act as a supersedeas (stay of enforcement), removing previous court discretion, though the commission can request the court lift the stay by showing clear and convincing evidence of immediate irreparable harm

  • Establishes preponderance of evidence as the standard of proof for all commission and administrative hearings

  • Requires defendants to post a $500 bond when appealing commission decisions to circuit court

Legislative Description

MS Real Estate Commission; require to establish a program allowing administrative hearings on certain licensing matters.

Last Action

Died In Committee

2/1/2022

Committee Referrals

Judiciary A1/17/2022

Full Bill Text

No bill text available