(8-15-2025) MREC License Law updated with 2025 spring legislative changes. Click here for details.
Mississippi Real Estate Commission 2025 Legislative Update
In the 2025 regular session of the Mississippi Legislature, legislation was enacted into law which revised the powers and duties of the Mississippi Real Estate Commission as follows:
A. E-Mail Notice of Changes Affecting Licenses
Summary:
Effective July 1, 2025 the Commission will provide prior written notice to licensees and their responsible broker of any change affecting a license (suspension, revocation or non–renewal) at least five (5) business days prior to the effective date of the change. The Commission will provide this notice by email.
Relevant statutory language: A new Subsection (3) was added to Miss. Code Ann. §73-35-10 so that the statute now provides, in relevant part:
§73-35-10(3):
The commission shall provide prior written notification to any licensee whose license, once issued, is subject to be amended, suspended, revoked or not renewed. Said notice shall be delivered to the licensee whose license shall be affected and, if applicable, to their responsible broker, not less than five (5) business days prior to the effective date of the change. For purposes of this subsection, written notice shall be delivered to the email address for the licensee and broker on file with the commission.
B. Timelines to Process Complaint Investigations and Conduct / Administrative Hearings / Hearing Standard of Proof
Summary:
When the Commission initiates a licensee disciplinary investigation, the Commission provides licensee(s) with a written Notice of Investigation (pursuant to Commission Administrative Rule 5.3 C).
Effective with investigations commencing on or after July 1, 2025, the Commission will complete an investigation and issue a formal Complaint within one hundred twenty (120) days from the date the licensee(s)’ are provided with the written Notice of Investigation, or the case will be dismissed.
If the Commission issues a formal Complaint following a disciplinary investigation, the Commission will issue a final ruling (following an administrative hearing), an Agreed Order resolving the Complaint, or a dismissal of the Complaint within 1 year of the date of the written Notice of Investigation. If an Administrative Hearing Officer conducts the hearing, sixty (60) additional days may be allowed to accommodate the Administrative Hearing Officer’s availability to schedule the hearing, if reasonably necessary.
The heightened “clear and convincing” standard of proof will be required for all legal determinations in an administrative hearing.
Relevant statutory language: The language of Miss. Code Ann. §73-35-23 Subsection (1) was amended, and a new Subsection (9) was added to §73-35-23,such that the statute now provides, in relevant parts:
§73-35-23(1):
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At such hearings, all witnesses shall be properly sworn, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings shall be furnished with a copy of such stenographic notes upon payment to the commission of such fees as it shall prescribe, not exceeding, however, the actual cost to the commission. The clear and convincing standard of proof shall be used to examine factors during all hearings. The commission shall render a decision on any complaint and shall immediately notify the parties to the proceedings in writing of its ruling, order or decision.
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§73-35-23(9):
Any complaint initiated by the commission or filed with it shall be resolved by dismissal or issuance of a formal complaint within one hundred twenty (120) days of the date written notice is provided to licensee(s) and their responsible broker(s) of commencement of an investigation pertaining to any complaint.
Any complaint initiated by the commission or filed with it shall be resolved by final dismissal, final ruling on any formal complaint or by entry of agreed dispositional order within one (1) year of the date written notice is provided to licensee(s) and their responsible broker(s) of commencement of an investigation pertaining to any complaint. The requirement for final disposition within one (1) year in this subsection shall not operate to deprive any licensee of the right to utilize the administrative hearing option provided for by law and any administrative hearing may be scheduled to occur not more than sixty (60) days outside the one-year-time limit in cases where administrative hearing officers are not reasonably available to conduct hearings within the one-year period.
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