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§73-35-23. Powers of commission as to violations; hearings upon revocation; subpoena
(1) The commission is hereby authorized and directed to take legal action
against any violator of this chapter. Upon complaint initiated by the
commission or filed with it, the licensee or any other person charged
with a violation of this chapter shall be given fifteen (15) days’ notice
of the hearing upon the charges filed, together with a copy of the
complaint. The applicant or licensee or other violator shall have an
opportunity to be heard in person or by counsel, to offer testimony, and
to examine witnesses appearing in connection with the complaint.
Hearings shall be held at the offices of the Mississippi Real Estate
Commission, or at the commission’s sole discretion, at a place
determined by the commission.
At such hearings, all witnesses shall be sworn, and stenographic notes
of the proceedings shall be taken and filed as a 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 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.
(2) In addition to the authority granted to the commission as hereinabove
set forth, the commission is hereby vested with the authority to bring
injunctive proceedings in any appropriate forum against any violator
or violators of this chapter, and all judges or courts now having the
power to grant injunctions are specifically granted the power and
jurisdiction to hear and dispose of such proceedings.
(3) The commission is hereby authorized and empowered to issue
subpoenas for the attendance of witnesses and the production of books
and papers. The process issued by the commission shall extend to all
parts of the state, and such process shall be served by any person
designated by the commission for such service. The person serving
such process receive such compensation as may be allowed by the
commission, not to exceed the fee prescribed by law for similar
services. All witnesses who are subpoenaed and who appear in any
proceedings before the commission receive the same fees and mileage
as allowed by law, and all such fees shall be taxed as part of the costs
in the case.
(4) Where in any proceeding before the commission any witness shall fail
or refuse to attend upon subpoena issued by the commission, shall
refuse to testify, or shall refuse to produce any books and papers the
production of which is called for by the subpoena, the attendance of
such witness and the giving of his testimony and the production of the
books and papers shall be enforced by any court of competent
jurisdiction of this state in the same manner as the attendance and
testimony of witnesses in civil cases are enforced in the courts of this
(5) The commission may obtain legal counsel privately to represent it in
proceedings when legal counsel is required.