MS SB2097

Requires the Mississippi Real Estate Commission to establish an administrative hearing program by July 1, 2022, allowing licensees to request hearings before administrative hearing officers instead of the commission itself.

Designates staff attorneys employed by the Attorney General as administrative hearing officers, who must not currently hold a commission-issued license and possess the same powers as the commission in conducting hearings and rendering decisions.

Prohibits commission representatives from communicating with licensees regarding investigations prior to delivering written notice to the licensee's responsible broker, with represented licensees entitled to communication through counsel unless waived in writing.

Makes appeals of adverse commission or hearing officer decisions automatically act as a supersedeas, but allows the commission to file a motion within 10 days requesting the court lift the supersedeas upon showing clear and convincing evidence of immediate and irreparable harm.

Permits the commission and licensees to enter into agreed orders resolving complaints prior to hearing and establishes preponderance of evidence as the standard of proof for all hearings.