State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-49 > 15 > 49-15-411

§ 49-15-411. Judicial review.

(1)  Any individual aggrieved by a final decision of the commission shall be entitled to judicial review. 

(2)  Any appeal from the commission's decision shall be filed in the Chancery Court of the Second Judicial District of Harrison County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing held before the commission. The appeal shall be filed within thirty (30) days after notification of the decision of the commission is mailed or served, and the proceedings in chancery court shall be conducted as other matters coming before the court on appeal. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all estimated costs, including the cost of preparation of the record of the proceedings before the commission, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the commission be affirmed by the chancery court, the aggrieved party shall pay the costs of the appeal to the chancery court. 

(3)  The scope of review of the chancery court in such cases shall be limited to a review of the record made before the commission to determine if the action of the commission is unlawful for the reason that it was: 

(a) Not supported by any substantial evidence; 

(b) Arbitrary or capricious; or 

(c) In violation of some statutory or constitutional right of the individual. 

(4)  No relief shall be granted based upon the court's finding of harmless error by the commission in complying with the procedural requirements of this article. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court. 

(5)  Any party aggrieved by action of the chancery court may appeal to the State Supreme Court in the manner provided by law. 

Sources: Laws, 2005, ch. 422, § 6, eff from and after July 1, 2005.