Page 47 - Letter to NAR LT

MREC report to BOD
The MREC has been under attack for the last few months by MAR leadership and staff, based on allegations that licensees are not given due process and with some confusion on the exact process and who guides it.
I am going to explain very succinctly the actual process. A complaint is received by the commission office.
At this point if there is enough information, a form is sent to complainant to be submitted signed and notarized. Then by law a formal thorough investigation is launched by staff
*
When the investigation is completed, then it is presented to 2 MREC attorneys and the administrator, who then determines if in the face there could be a violation of License law or a rule or regulation.
*23% of all formal complaints made to the MREC are ultimately dismissed and no action taken against the licensee.
• At that point the complainant is presented with the opportunity to negotiate an agreed order and are given the findings of the investigation. They can have their attorney and/or broker if an agent and make a decision.
• Goes to hearing. The complainant and the respondent may or may not choose to have attorney.
• Hearing is scheduled with commissioners. Hearing is held and conducted by commissioners. Hearing conducted like code of ethics Hearing Panel.
• Hearing officer is current chair of commission
• Each district represented (4 and 1 at large)
• Very experienced, appointed by the Governor, recommended by MS Realtors
Board of Directors.
• Court reporter.
• Everyone else is a witness
• At this point commissioners haven’t seen anything and don’t know terms of
agreed order that may have been offered.
60% of the anonymous complaints (newspaper ads, unsigned letters, phone calls)
never even reach the stage of beginning an investigation. Of the 40% that we do
conduct some type of investigation, only 28% result in some type of action. That is
usually a Letter of Caution or a Letter of Reprimand.