Bill Text: MS SB2788 | 2024 | Regular Session | Enrolled
Bill Title: Mississippi Real Estate Commission; remove Home Inspector Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-17 - Approved by Governor [SB2788 Detail]
Download: Mississippi-2024-SB2788-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Business and Financial Institutions; Government Structure
By: Senator(s) Sparks
Senate Bill 2788
(As Sent to Governor)
AN ACT TO REENACT AND AMEND SECTION 73-60-5, MISSISSIPPI CODE OF 1972, WHICH WAS REPEALED BY OPERATION OF LAW IN 2013, TO REVIVE THE HOME INSPECTOR REGULATORY BOARD; TO PROVIDE THAT THE POWERS AND DUTIES OF THE MISSISSIPPI REAL ESTATE COMMISSION IN REGARDS TO HOME INSPECTORS SHALL BE TRANSFERRED TO THE MISSISSIPPI REAL ESTATE APPRAISAL BOARD; TO AMEND SECTIONS 73-60-1, 73-60-3, 73-60-7, 73-60-9, 73-60-11 AND 73-60-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 73-60-17, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 73-60-21, 73-60-23, 73-60-27, 73-60-29, 73-60-31, 73-60-33, 73-60-35, 73-60-37, 73-60-39, 73-60-41, 73-60-45, 73-60-47 AND 73-34-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-60-5, Mississippi Code of 1972, which was repealed by operation of law in 2013, is reenacted and amended as follows:
73-60-5. (1) There is
hereby created, as an adjunct board to the Mississippi Real Estate * * * Appraisal
Board, a board to be known as the Home Inspector Regulatory Board, which
shall consist of five (5) members appointed by the Governor, with the advice
and consent of the Senate, to include one (1) representative from each
congressional district, one (1) from the state at large and all shall be
licensed home inspectors. * * *
Two (2) members shall be appointed to serve for a term of three (3) years, two
(2) members shall be appointed to serve for a term of two (2) years and one (1)
member shall be appointed to serve for a term of one (1) year. Thereafter,
each member shall be appointed to serve for a term of four (4) years.
(2) The Home Inspector
Regulatory Board shall advise the * * * Mississippi
Real Estate Appraisal Board or its designee on all matters relating to this
chapter. The Home Inspector Regulatory Board shall meet no less than
four (4) times annually and shall be reimbursed for expenses on a per diem
basis pursuant to state law.
SECTION 2. Section 73-60-1, Mississippi Code of 1972, is amended as follows:
73-60-1. The following words shall have the meaning ascribed in this section unless the context clearly indicates otherwise:
(a) "Client" means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining an inspection of and written report on the conditions of a residential building.
(b) "Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
(c) "Home inspection report" means a written evaluation prepared and issued by a home inspector concerning the condition of the improvements to residential real property.
(d) "Home inspector" means any person, who for compensation, conducts a home inspection.
(e) "Residential real property" means a structure intended to be, or that is in fact, used as a residence and consisting of one (1) to four (4) family dwelling units.
(f) " * * *Appraisal Board" means
the Mississippi Real Estate * * * Appraisal
Board as established under Section * * *
73-34-8, Mississippi Code of 1972.
(g) "Home Inspector Board" means the Home Inspector Regulatory Board that is created pursuant to this chapter.
SECTION 3. Section 73-60-3, Mississippi Code of 1972, is amended as follows:
73-60-3. This chapter shall
be administered and enforced by the Mississippi Real Estate * * * Appraisal
Board, which shall have the duties and powers to:
(a) Receive applications for licensure as a home inspector under this chapter, establish appropriate administrative procedures for the processing of applications and issue licenses to qualified applicants pursuant to the provisions of this chapter;
(b) Implement
recommendations made to the * * * Mississippi
Real Estate Appraisal Board by the Home Inspector Regulatory Board with
respect to upgrading and improving the experience, education and examination
requirements that are required for a home inspector license;
(c) Adopt and publish a code of ethics and standards of practice for persons licensed under this chapter;
(d) Collect all licensing fees required or permitted by this chapter;
(e) Take appropriate
action upon a decision and the related findings of fact made by the * * * Home
Inspector Board, or a hearing officer employed by the * * * Home
Inspector Board, if, after an administrative hearing, the * * * Home
Inspector Board or hearing officer (i) determines that a licensed home
inspector under this chapter has violated the code of ethics and standards
established under this section, and (ii) recommends that the license of the
home inspector be suspended or revoked, that renewal be denied, or that some
other disciplinary action be taken;
(f) Develop and adopt a licensing examination, which would meet nationally recognized standards, to determine the knowledge of an applicant of the home inspector profession;
(g) Solicit bids and
enter into contracts with one * * * or more educational testing services or
organizations approved by the Home Inspector Board for the preparation
of questions and answers for licensure examinations under this chapter;
(h) Develop the application and license forms;
(i) Adopt rules and regulations for the administration of this chapter that are not inconsistent with the provisions of this chapter or the Constitution and laws of Mississippi or of the United States;
(j) Employ an
assistant to the * * * Appraisal Board administrator
who shall keep a record of all proceedings, transactions, communications and
official acts of the * * * Appraisal Board and perform
such other duties as the * * * Appraisal Board
may require; and
(k) Employ such other staff and technical assistance as may be necessary to properly administer the requirements of this chapter.
SECTION 4. Section 73-60-7, Mississippi Code of 1972, is amended as follows:
73-60-7. (1) The * * * Home Inspector Regulatory Board shall have the
duties and powers to:
(a) Be responsible for matters relating to home inspectors' code of ethics and standards, home inspector qualifications, testing standards and disciplinary functions.
(b) Hold meetings, public hearings and administrative hearings and prepare examination specifications for licensed home inspectors.
(c) Conduct
investigations, subpoena individuals and records, administer oaths, take
testimony and receive evidence and to do all other things necessary and proper
to discipline a person licensed under this chapter and to enforce this
chapter. In case of contumacy by, or refusal to obey a subpoena issued to, any
person, the Chancery Court of the First Judicial District of Hinds County,
Mississippi, upon application by the * * * Appraisal
Board, may issue to this person an order requiring him or her to
appear before the * * * Appraisal Board, or the officer
designated by him or her, there to produce documentary evidence if so
ordered or to give evidence touching the matter under investigation or in
question. Failure to obey the order of the court may be punished by the court
as contempt of court.
(d) Further define by regulation, the type of educational experience, home inspector experience and equivalent experience that will meet the statutory requirements.
(e) * * *
Recommend suspension or revocation of licenses pursuant to the
disciplinary proceedings provided for in this chapter.
(f) Present an annual
budget to the Mississippi Legislature for approval. A copy of the budget shall
be given to the * * * Appraisal Board.
(2) The members of the * * * Appraisal
Board and the Home Inspector Board shall be immune from any civil action or
criminal prosecution for initiating or assisting in any lawful investigation of
the actions of, or participating in any disciplinary proceeding concerning, a
home inspector licensed pursuant to this chapter, provided that such action is
taken without malicious intent and in the reasonable belief that the action was
taken pursuant to the powers and duties vested in the members of the * * * Appraisal
Board and Home Inspector Board under this chapter.
SECTION 5. Section 73-60-9, Mississippi Code of 1972, is amended as follows:
73-60-9. (1) No person may
engage in or transact any home inspection business, or hold himself or herself
out to the public as a home inspector, or offer to engage in or transact any
home inspection business in this state unless the person is licensed by the * * * Appraisal
Board.
(2) No license shall be issued under the provisions of this chapter to a partnership, association, corporation, limited liability company or partnership, firm or group. However, nothing in this chapter precludes a licensed home inspector from performing home inspection for and on behalf of a partnership, association, corporation, limited liability company or partnership, firm or group or from entering into contracts or enforcing contracts as partnership, association, corporation, limited liability company or partnership, firm or group.
SECTION 6. Section 73-60-11, Mississippi Code of 1972, is amended as follows:
73-60-11. (1) An application
for an original license shall be made in writing to the * * * Appraisal
Board on forms as the * * * Appraisal Board
may prescribe and shall be accompanied by the required fee and proof of liability
insurance and errors and omissions insurance.
(2) To qualify for a license under this chapter, a person shall:
(a) Have successfully completed high school or its equivalent;
(b) Be at least twenty-one (21) years of age;
(c) Have successfully completed
an approved course of study of at least sixty (60) hours that may include field
work as prescribed by the * * * Appraisal Board;
(d) Have passed an examination
as prescribed by the * * * Appraisal Board;
(e) Provide a certificate
of insurance for errors and omissions and general liability insurance (in the required
amounts) pursuant to Section 73-60-15;
and
(f) Have passed a background investigation pursuant to Section 73-60-47.
(3) The * * * Appraisal
Board must review each application for a license submitted to it and must notify
each applicant that the application is either accepted or rejected. The * * * Appraisal
Board must send notification of acceptance or rejections to the applicant at
the address provided by the applicant in the application within thirty (30) days
of receiving the application. If the application is rejected, the notice sent to
the applicant must state the reasons for the rejection.
SECTION 7. Section 73-60-13, Mississippi Code of 1972, is amended as follows:
73-60-13. (1) All home inspectors are required to carry general liability insurance and errors and omissions insurance.
(2) Such policy and certificates
shall provide that cancellation or nonrenewal of the policy shall not be
effective unless and until at least ten (10) days' notice of cancellation or
nonrenewal has been received in writing by the * * * Appraisal
Board.
(3) Insurance coverage limits shall be no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for general liability and no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for errors and omissions, per occurrence.
SECTION 8. Section 73-60-17, Mississippi Code of 1972, is brought forward as follows:
73-60-17. (1) A licensed home inspector is required to follow the Standards of Practice and Code of Ethics as adopted and published by the commission.
(2) A home inspection report must be issued by a home inspector to a client as specified in the Standards of Practice.
SECTION 9. Section 73-60-21, Mississippi Code of 1972, is amended as follows:
73-60-21. Except as
provided in Section 33-1-39, a license under this chapter shall expire two (2) years
after its date of issuance. The * * * Appraisal
Board may issue a renewal license without examination, on submission of a
completed renewal application, payment of the required license renewal fee, and
successful completion of continuing education requirements.
SECTION 10. Section 73-60-23, Mississippi Code of 1972, is amended as follows:
73-60-23. (1) Each person
who applies for renewal of his or her license shall successfully complete
home inspector continuing education courses approved by the * * * Appraisal
Board at the rate of twenty (20) hours every two (2) years. No license may
be renewed except upon the successful completion of the required courses or
their equivalent or upon a waiver of those requirements for good cause shown as
determined by the * * * Appraisal Board pursuant to
rule with the recommendation of the Home Inspector Board.
(2) The * * * Appraisal
Board shall establish criteria for certifying providers of continuing
education for home inspectors. All such continuing education providers must be
approved by the * * * Appraisal Board.
(3) Each renewal applicant shall certify, on his or her renewal application, full compliance with continuing education requirements. The provider of approval of continuing education shall retain and submit to the commission, after the completion of each course, evidence of those successfully completing the course.
SECTION 11. Section 73-60-27, Mississippi Code of 1972, is amended as follows:
73-60-27. (1) On or after
July 1, 2001, any person who acts as a home inspector, or holds himself or herself
out as a home inspector, without being licensed under this chapter, shall, in
addition to any other penalty provided by law, be liable for an administrative
fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not
to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense
as determined by the * * * Appraisal Board.
(2) The * * * Appraisal
Board has the authority and power to investigate any and all unlicensed
activity.
(3) No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection.
(4) After October 1, 2001, no person licensed under this chapter shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization.
SECTION 12. Section 73-60-29, Mississippi Code of 1972, is amended as follows:
73-60-29. The * * * Appraisal
Board shall charge and collect appropriate fees for its services under this
chapter. The fees charged shall not exceed the amounts indicated below and
shall be set by the * * * Appraisal Board.
LICENSURE FEES:
Application and examination.............................. $175.00
Initial and renewal license.............................. $325.00
Delinquent renewal penalty................... 100% of renewal fee
SERVICES:
For each change of address............................... $ 25.00
For each duplicate license............................... $ 25.00
To change status as a licensee from active to inactive.... $ 25.00
For each bad check received by the commission............. $ 25.00
All fees charged and
collected under this chapter shall be paid by the * * * Appraisal
Board at least once a week, accompanied by a detailed statement thereof, to
the credit of the fund known as the "Home Inspector License Fund,"
hereby created in the State Treasury. All monies which are collected under
this chapter shall be paid into and credited to such fund for the use of the * * * Home
Inspector Board in carrying out the provisions of the chapter, including
the payment of salaries and expenses, printing an annual directory of licensees,
and for educational purposes. All interest earned on the Home Inspector
License Fund shall be retained by the * * * Home
Inspector Board for purposes consistent with this chapter. The Appraisal
Board shall submit a monthly statement to the Home Inspector Board detailing any
expenses which it bears as a share in the expense of administering this chapter,
for which expenses it shall be reimbursed in the amount approved by the Home Inspector
Board. The * * * Appraisal Board shall prepare
an annual statement of income and expenses related to its regulatory-related
administrative function.
SECTION 13. Section 73-60-31, Mississippi Code of 1972, is amended as follows:
73-60-31. The * * * Appraisal
Board may refuse to issue * * *, renew, or may revoke or suspend,
a license or may place on probation, censure, reprimand * * * or take other disciplinary action with regard
to any license issued under this chapter, including the issuance of fines for each
violation, for any one (1) or combination of the following causes:
(a) Violations of this
chapter or the * * * Appraisal Board's rules promulgated
pursuant hereto;
(b) Violation of terms of license probation;
(c) Conviction of a felony or making a plea of guilty or nolo contendere within five (5) years prior to the date of application;
(d) Operating without adequate insurance coverage required for licensees;
(e) Fraud in the procurement or performance of a contract to conduct a home inspection; and
(f) Failure to submit to or pass a background investigation pursuant to Section 73-60-47.
SECTION 14. Section 73-60-33, Mississippi Code of 1972, is amended as follows:
73-60-33. (1) The * * * Appraisal
Board may investigate the actions of an applicant or of a person holding or
claiming to hold a license upon complaint in writing of any person setting
forth facts which, if proved, would constitute a violation of this chapter or rules
promulgated hereunder.
(2) Whenever it appears to
the * * * Appraisal Board that any
person has engaged or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, they
may, in their discretion, seek any or all of the following remedies:
(a) When in the public interest to prevent harm to the welfare and safety of the public, issue a cease and desist order, with or without a prior hearing against the person or persons engaged in the prohibited activities, directing them to cease and desist from further illegal activity; or
(b) Bring an action in chancery court to enjoin the acts or practices to enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing a permanent or temporary injunction, restraining order or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets.
(3) With the exception of
actions authorized by subsection (2)(a) and (b) above, the * * * Appraisal
Board shall, before taking any disciplinary action that it may deem proper
with regard to a license, at least twenty (20) days prior to the date set for a
hearing, notify the applicant or licensee in writing of any charges made and the
time and place for a hearing of the charges. Such written notice may be served
by personal delivery or certified or registered mail at the licensee's last
known address as reflected on their licensing application.
(4) The * * * Appraisal
Board shall, after a hearing, issue an order either issuing, renewing,
refusing to issue or renew, reinstating * * * or revoking the license.
SECTION 15. Section 73-60-35, Mississippi Code of 1972, is amended as follows:
73-60-35. (1) Upon the
revocation or suspension of a license, the licensee shall immediately surrender
the license to the * * * Appraisal Board. If the
licensee fails to do so, the * * * Appraisal
Board shall have the right to seize the license.
(2) If circumstances of suspension
or revocation so indicate, the * * * Appraisal
Board may require an examination of the licensee before restoring his
license.
SECTION 16. Section 73-60-37, Mississippi Code of 1972, is amended as follows:
73-60-37. The * * * Appraisal
Board shall maintain a roster of names and addresses of all licenses and of
all persons whose licenses have been suspended or revoked. This roster shall be
published on a web site designated by the * * * Appraisal
Board. All licensees under this chapter shall inform the * * * Appraisal
Board of any change in their business or home address.
SECTION 17. Section 73-60-39, Mississippi Code of 1972, is amended as follows:
73-60-39. A person already
engaged in the business of performing home inspections on July 1, 2001, is
allowed ninety (90) days from July 1, 2001, to comply with the provisions of this
chapter for the purpose of qualifying to perform home inspections. Such person
will qualify for a license without being required to take an examination if he or
she can document to the satisfaction of the * * * Appraisal
Board that he or she has conducted not less than twenty (20) fee-paid
home inspections in the previous twelve (12) months or one hundred (100) fee-paid
home inspections over his or her career or that he or she has
received certification as a home inspector from a nationally recognized
education center in a curriculum approved by the United States Department of
Housing and Urban Development and the United States Department of Education.
SECTION 18. Section 73-60-41, Mississippi Code of 1972, is amended as follows:
73-60-41. The information
contained in or filed with any registration application or renewal application
is subject to public disclosure. Information in the possession of, submitted
to or obtained by the * * * Appraisal Board in
connection with any investigation or examination under this chapter shall be
confidential and exempt from the requirements of the Mississippi Public Records
Act of 1983. No such information may be disclosed by the * * * Appraisal
Board or its employees unless necessary or appropriate in connection with a
particular investigation or proceeding under this chapter or for any law
enforcement purpose, in the absence of an order of a court of competent
jurisdiction requiring such disclosure.
SECTION 19. Section 73-60-45, Mississippi Code of 1972, is amended as follows:
73-60-45. The * * * Home
Inspector Board may employ legal counsel to represent it in any proceedings
when legal counsel is required.
SECTION 20. Section 73-60-47, Mississippi Code of 1972, is amended as follows:
73-60-47. (1) (a) To qualify for a Mississippi home inspector license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination that the applicant does not possess a background which calls into question public trust, as set forth below in subsection (2), and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-60-31.
(b) To assist the commission
in conducting its licensure investigation, on or after July 1, 2021, all applicants
for a Mississippi home inspector license, and all applicants for renewal of any
home inspector license shall undergo a fingerprint-based criminal history records
check of the Mississippi central criminal database and the Federal Bureau of Investigation
criminal history database. Each applicant shall submit a full set of the applicant's
fingerprints in a form and manner prescribed by the * * * Appraisal
Board, which shall be forwarded to the Mississippi Department of Public Safety
(department) and the Federal Bureau of Investigation Identification Division for
this purpose.
(c) Any and all state or
national criminal history records information obtained by the * * * Appraisal
Board that is not already a matter of public record shall be deemed nonpublic
and confidential information restricted to the exclusive use of the * * * Appraisal
Board, its members, officers, investigators, agents and attorneys in evaluating
the applicant's eligibility or disqualification for licensure, and shall be exempt
from the Mississippi Public Records Act of 1983. Except when introduced into evidence
in a hearing before the * * * Appraisal Board
to determine licensure, no such information or records related thereto shall, except
with the written consent of the applicant or by order of a court of competent jurisdiction,
be released or otherwise disclosed by the commission to any other person or agency.
(d) The * * * Appraisal
Board shall provide to the department the fingerprints of the applicant, any
additional information that may be required by the department, and a form signed
by the applicant consenting to the check of the criminal records and to the use
of the fingerprints and other identifying information required by the state or national
repositories.
(e) The * * * Appraisal
Board shall charge and collect from the applicant, in addition to all other
applicable fees and costs, such amount as may be incurred by the * * * Appraisal
Board in requesting and obtaining state and national criminal history records
information on the applicant.
(2) (a) The * * * Appraisal
Board must ensure that applicants for home inspector licenses do not possess
a background that could call into question public trust. An applicant found by
the * * * Appraisal Board to possess a background
which calls into question the applicant's ability to maintain public trust shall
not be issued a home inspector license.
(b) The * * * Appraisal
Board shall not issue a home inspector license if:
(i) The applicant has had a home inspector license revoked in any governmental jurisdiction within the five-year period immediately preceding the date of the application;
(ii) The applicant
has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic
or foreign court involving an act of fraud, dishonesty or a breach of trust, or
money laundering at any time preceding the date of the application if, in the discretion
of the * * * Appraisal Board following notice
to the applicant and a hearing, good cause exists to deny or not renew licensure.
(c) Applicants for a home
inspector license or renewal of a home inspector license who hold any other license
falling under the jurisdiction of the * * * Appraisal
Board requiring a background check shall not be required to pay for more than
one (1) background check during a calendar year.
(d) The * * * Appraisal
Board shall adopt rules and regulations necessary to implement, administer and
enforce the provisions of this section.
SECTION 21. Section 73-34-9, Mississippi Code of 1972, is amended as follows:
73-34-9. (1) The board shall have the following powers and duties:
(a) To receive applications for licensure as a real estate appraiser and applications for registration as an appraisal management company under this chapter; to establish appropriate administrative procedures for the processing of those applications; to approve or disapprove applications for licensing or registration under this chapter; to issue licenses to qualified applicants under the provisions of this chapter; and to maintain a registry of the names and addresses of individuals who are currently licensed under this chapter.
(b) To administer licensing examinations in the places and at the times as may be required to carry out its responsibilities under this chapter.
(c) To collect all licensing fees required or permitted by this chapter.
(d) To take appropriate action upon a decision and the related findings of fact made by the board if, after an administrative hearing, the board (i) determines that a licensed appraiser or a licensed state certified real estate appraiser under this chapter has violated the standards of appraisal practice or ethical rules established under Section 73-34-37, or has committed one or more of the acts that are prohibited by Section 73-34-35, and (ii) recommends that the license of the appraiser be suspended or revoked, that renewal be denied, or that some other disciplinary action be taken.
(e) To solicit bids and enter into contracts.
(f) To promote research and conduct studies relating to the profession of real estate appraising and sponsor real estate appraisal educational activities.
(g) To adopt rules and regulations for the administration of this chapter that are not inconsistent with the provisions of this chapter or the Constitution and laws of Mississippi or of the United States.
(h) To employ an administrator or director who shall keep a record of all proceedings, transactions, communications and official acts of the board and perform any other duties as the board may require.
(i) To employ an appropriate staff to investigate allegations that licensed appraisers or licensed state certified real estate appraisers under this chapter failed to comply with the terms or provisions of this chapter.
(j) To employ any other professional, clerical and technical assistance as may be necessary to properly administer the work of this chapter.
(k) To be responsible for matters relating to real estate appraisal standards, real estate appraiser qualifications, testing standards and appraisal management companies and enforce the same through its disciplinary functions.
(l) To hold meetings; to hold public hearings and administrative hearings; and to prepare examination specifications for licensed appraisers and licensed state certified appraisers.
(m) To enable the board to carry out its responsibilities under this chapter with respect to licensing and registering, the board shall have:
(i) The power to compel the attendance of witnesses;
(ii) The power to require a licensed appraiser or an applicant for licensure to produce books, appraisal documents, records and other papers;
(iii) The power to administer oaths; and
(iv) The power to take testimony and receive evidence concerning all matters within its jurisdiction.
These powers may be exercised directly by the board in such manner as the board shall determine.
(n) To establish appropriate administrative procedures for disciplinary proceedings conducted under the provisions of this chapter.
(o) To keep a record of its proceedings and issue an annual report of its activities.
(p) To further define by rule or regulation, and with respect to each of the categories of licensed appraiser, the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this chapter and of the Appraiser Qualifications Board.
(q) To approve or disapprove applications for licensing or registration under this chapter.
(r) To suspend or revoke licenses or registrations under the disciplinary proceedings provided for in this chapter.
(s) To present an annual budget to the Mississippi Legislature for approval.
(t) To implement all requirements directed by the Appraiser Qualifications Board, Appraisal Subcommittee of the Federal Financial Institutions Examination Council or their designated agent.
(u) To make rules and regulations providing for an inactive license or registration status and for the reactivation thereof.
(v) To make rules and regulations necessary to implement its powers and duties under this chapter.
(w) To do all other things necessary to carry out the provisions of this chapter.
(x) To adopt rules consistent
with the provisions of this chapter which may be reasonably necessary to implement,
administer * * *
and enforce the provisions of this chapter.
(y) To provide for at least one (1) member of the board to represent the appraisal management company industry.
(z) To establish the standard for measuring residential properties up to four (4) family buildings as promulgated by the American National Standards Institute or as provided in the American Measurement Standard Manual. The board shall require appraisals required to use those standards to indicate on the appraisal or separately appended document which standard was used.
(aa) To conduct surveys as necessary.
(bb) To administer and enforce the provisions of Sections 73-60-1 through 73-60-47 regarding home inspectors.
(2) The members of the board
shall be immune from any civil action or criminal prosecution for initiating or
assisting in any lawful investigation of the actions of * * * or participating in any disciplinary proceeding
concerning * * *
an appraiser licensed under this chapter, provided that the action is taken without
malicious intent and in the reasonable belief that the action was taken in accordance
with the powers and duties vested in the members of the board under this chapter.
SECTION 22. This act shall take effect and be in force from and after July 1, 2024.
