HB 1368 Mississippi House · 2025 Regular Session

Real Estate Commission; revise provisions relating to notice and hearings for alleged violations of licensing laws.

HB 1368 requires the Mississippi Real Estate Commission to provide written notice to real estate brokers, salespersons, or nonresident licensees at least five business days before any change to their license. It changes the standard of proof in disciplinary hearings from "preponderance of the evidence" to "clear and convincing" for alleged violations of licensing laws. The bill also establishes specific time frames for the Commission to resolve complaints against licensees, aiming to streamline disciplinary processes. These changes directly affect licensed real estate professionals in Mississippi facing potential license modifications or disciplinary actions.
Bill status died 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Passage
Feb 2025
Senate Passage
Governor
Introduced Feb 6, 2025 Last action Mar 4, 2025
Maddy AI version diff · 1 comparison

What changed between versions

As Introduced Current version · 7 edits
MODERATE
This bill amends Mississippi real estate licensing laws to require written notice to licensees about pending license changes, raises the standard of proof for disciplinary hearings from preponderance of evidence to clear and convincing evidence, establishes specific timeframes for resolving complaints against licensees, and clarifies the commission's authority to take legal action and issue subpoenas.
Scope change
The bill expands the Mississippi Real Estate Commission's procedural requirements and enforcement powers while raising the burden of proof for disciplinary actions, affecting all licensed real estate brokers and salespersons in Mississippi.
REQUIREMENT

Requires the Real Estate Commission to provide written notice to licensees at least five business days before any license changes, including amendments, suspensions, revocations, or non-renewals.

Adds requirements that the commission provide prior written notification to licensees whose licenses are subject to changes, including delivery to the licensee's responsible broker.

ENFORCEMENT

Changes the standard of proof for disciplinary hearings from 'preponderance of the evidence' to 'clear and convincing evidence', making it harder for the commission to discipline licensees.

Explicitly authorizes the commission to bring injunctive proceedings against violators and clarifies the commission's power to issue and enforce subpoenas statewide.

Requires the commission to establish an administrative hearing option by July 1, 2022, with designated hearing officers from the Attorney General's office.

TIMELINE

Establishes a 120-day timeframe to resolve complaints initiated by the commission and a 1-year timeframe for final disposition of complaints, with specific provisions for scheduling administrative hearings.

ELIGIBILITY

Maintains existing criminal background check requirements but clarifies that the requirement does not apply to licensees with 25+ years of experience who are over 70 years old.

Floor votes · House Feb 5, 2025

How they voted

1160
Passed · 3 other
Total votes 119
Feb 5, 2025
D Democratic39
38 Yea 1
97% Yea
I Independent2
2 Yea
100% Yea
R Republican78
76 Yea 2
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
3
Feb 17, 2025
Committee
Referred To Business and Financial Institutions
upper
Feb 6, 2025
Introduced
Transmitted To Senate
lower
Feb 5, 2025
Lower · Passed
Passed
lower
Jan 28, 2025
Lower · Passed
Title Suff Do Pass
lower
Jan 20, 2025
Committee
Referred To Judiciary A
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Joey Hood
Joey Hood
RRepublican
MS
35