MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary A

By: Representative Mims

House Bill 1342

AN ACT TO AMEND SECTION 73-34-129, MISSISSIPPI CODE OF 1972, TO REMOVE THE NINETY-DAY EXCEPTION TO THE PROHIBITION ON REMOVING INDEPENDENT APPRAISERS FROM THE APPRAISER PANEL OF AN APPRAISAL MANAGEMENT COMPANY FOR INDEPENDENT CONTRACTORS WHO ARE ADDED TO THE APPRAISER PANEL; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-34-129, Mississippi Code of 1972, is amended as follows:

     73-34-129.  (1)  * * *(a)Except within the first ninety (90) days after an independent appraiser is first added to the appraiser panel of an appraisal management company, An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser without:

          ( * * *ba)  Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company; 

          ( * * *cb)  If the appraiser is being removed from the panel for illegal conduct, violation of USPAP, or a violation of state licensing standards, notifying the appraiser of the nature of the alleged conduct or violation;

          ( * * *dc)  Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.

     (2)  An appraiser who is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of USPAP, or violation of state licensing standards, may file a complaint with the board for a review of the decision of the appraisal management company.  The scope of the commission's review in any such case is limited to determining whether the appraisal management company has complied with subsection (1) and whether illegal conduct, a violation of USPAP, or a violation of state licensing standards has occurred.

     (3)  If an appraiser files a complaint against an appraisal management company under subsection (2), the commission shall adjudicate the complaint within one hundred eighty (180) days.

     (4)  If after opportunity for hearing and review, the commission determines that an appraisal management company acted improperly in removing the appraiser from the appraiser panel, or that the appraiser did not commit a violation of law, a violation of USPAP, or a violation of state licensing standards, the commission shall:

              (i)  Provide written findings to the involved parties;

              (ii)  Provide an opportunity for the appraisal management company and/or the appraiser to respond to the findings; and

              (iii)  Make recommendations for action.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.

---