Miss. Code § 73-35-25

Current through 6/1/2024
Section 73-35-25 - Appeals
(1) Any applicant or licensee or person aggrieved shall have the right of appeal from any adverse ruling or order or decision of the commission or administrative hearing officer to the circuit court of the county of residence of the applicant, licensee or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the commission upon the parties in interest.
(2) Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.
(3) Any order, rule or decision of the commission or administrative hearing officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the commission's showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.
(4) Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(5) Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

Miss. Code § 73-35-25

Codes, 1942, § 8920-13; Laws, 1954, ch. 318, § 13; Laws, 1960, ch. 395, § 4; Laws, 1979, ch. 493, § 4; reenacted, Laws, 1980, ch. 499, § 13, 1988, ch. 477, § 13; Laws, 1996, ch. 507, § 69, eff. 7/1/1996.
Amended by Laws, 2022, ch. 302, SB 2097,§ 2, eff. 2/2/2022.