Section 73-4-7 - Mississippi Auctioneer Commission; creation; powers and duties generally; qualifications, terms, and compensation of members(1) The Mississippi Auctioneer Commission is created, and it shall have the authority to make such rules and regulations as are reasonable and necessary for the orderly regulation of the auctioneering profession and the protection of the public, which rules and regulations are not inconsistent with the Mississippi Constitution of 1890 and state laws. The commission shall have the following powers: (a) The power to set reasonable license fees, to collect and hold such fees and to disburse such fees in any manner not inconsistent with this chapter.(b) The power to make such rules and regulations as will promote the orderly functioning of the auction profession and ensure the protection of the public.(c) The power to hire and retain such staff and support personnel as are necessary to conduct business and assure compliance with this chapter.(d) The power to conduct investigations, hold hearings, subpoena witnesses, make findings of fact and otherwise enforce the disciplinary provisions contained in this chapter.(2) The Mississippi Auctioneer Commission shall consist of five (5) members, one (1) from each Mississippi Supreme Court District and two (2) from the state at large, who shall be appointed by the Governor, with the advice and consent of the Senate. All appointees shall possess the following minimum qualifications: (a) An appointee shall be a citizen of Mississippi.(b) An appointee shall have been engaged as an auctioneer for a period of not less than five (5) years immediately preceding his appointment.(c) An appointee shall be of good reputation, trustworthy and knowledgeable in the auction profession. An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government or while owning a school or other facility to train individuals to be auctioneers.
(3) The Mississippi Auctioneer Commission, created by former Section 73-4-7, is continued and reconstituted as follows: Effective January 1, 2028, each commissioner shall be appointed by the Governor, with the advice and consent of the Senate, for a term of office of four (4) years, provided that three (3) such members shall be appointed in 2028 to a term ending December 31, 2031, and two (2) such members shall be appointed in 2030 to a term ending December 31, 2033. Appointments made at the beginning of the four-year cycle shall be made to fill any member's term which actually expires that year and any member's term which expires next until the majority of the membership of the board or commission is reached. Appointments made at the beginning of the third year of the four-year cycle shall be made for the remainder of the membership positions irrespective of the time of their prior appointment. Any question regarding the order of appointments shall be determined by the Secretary of State in accordance with the specific statute. All appointment procedures, vacancy provisions, interim appointment provisions and removal provisions specifically provided for in Section 7-1-35, Mississippi Code of 1972, shall be fully applicable to appointments to the Mississippi Auctioneer Commission, and to the position of executive director. (4) Each member of the commission shall receive a per diem as provided by Section 25-3-69 per meeting and shall be reimbursed for ordinary and necessary expenses incurred in the performance of official duties as provided in Section 25-3-41.Laws, 1995, ch. 405 § 4; reenacted without change, Laws, 2010, ch. 335, § 4, eff. 7/1/2010.Amended by Laws, 2024, ch. 497, SB 2799,§ 2, eff. 7/1/2024.Reenacted by Laws, 2016, ch. 348, HB 504, 4, eff. 7/1/2016.Reenacted without change by Laws, 2013, ch. 415, HB 1165, 4, eff. 7/1/2013.