State Codes and Statutes

Statutes > Mississippi > Title-73 > 14 > 73-14-39

§ 73-14-39. Appeal.
 

(1)  From any revocation, the person charged may, within thirty (30) days thereof, appeal to the chancery court of the county of the residence of the licensee. 

(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 board, commanding it within ten (10) 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 the due course by said court without a jury, and the court shall review the record and make its determination of the cause between the parties. 

(3)  Any order, rule or decision of the board shall not take effect until after the time of appeal in the said court shall have expired. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. 

(4)  Any person taking an appeal shall post a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for payment of any costs which may be adjudged against him. 

(5)  Actions taken by the board in suspending a certificate of registration 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 suspension of a certificate 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. 
 

Sources: Codes, 1942, § 7129-122; Laws,  1972, ch. 523, § 22; reenacted, 1983, ch. 486, § 17; Laws, 1991, ch. 351, § 17; reenacted, 1992, ch. 438, § 17; reenacted, 1995, ch. 503, § 17; Laws,  1996, ch. 507, § 41; reenacted without change, Laws, 2000, ch. 484, § 17; brought forward without change, Laws, 2005, ch. 460, § 17, eff from and after June 30, 2005.
 

State Codes and Statutes

Statutes > Mississippi > Title-73 > 14 > 73-14-39

§ 73-14-39. Appeal.
 

(1)  From any revocation, the person charged may, within thirty (30) days thereof, appeal to the chancery court of the county of the residence of the licensee. 

(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 board, commanding it within ten (10) 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 the due course by said court without a jury, and the court shall review the record and make its determination of the cause between the parties. 

(3)  Any order, rule or decision of the board shall not take effect until after the time of appeal in the said court shall have expired. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. 

(4)  Any person taking an appeal shall post a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for payment of any costs which may be adjudged against him. 

(5)  Actions taken by the board in suspending a certificate of registration 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 suspension of a certificate 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. 
 

Sources: Codes, 1942, § 7129-122; Laws,  1972, ch. 523, § 22; reenacted, 1983, ch. 486, § 17; Laws, 1991, ch. 351, § 17; reenacted, 1992, ch. 438, § 17; reenacted, 1995, ch. 503, § 17; Laws,  1996, ch. 507, § 41; reenacted without change, Laws, 2000, ch. 484, § 17; brought forward without change, Laws, 2005, ch. 460, § 17, eff from and after June 30, 2005.
 


State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-73 > 14 > 73-14-39

§ 73-14-39. Appeal.
 

(1)  From any revocation, the person charged may, within thirty (30) days thereof, appeal to the chancery court of the county of the residence of the licensee. 

(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 board, commanding it within ten (10) 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 the due course by said court without a jury, and the court shall review the record and make its determination of the cause between the parties. 

(3)  Any order, rule or decision of the board shall not take effect until after the time of appeal in the said court shall have expired. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. 

(4)  Any person taking an appeal shall post a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for payment of any costs which may be adjudged against him. 

(5)  Actions taken by the board in suspending a certificate of registration 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 suspension of a certificate 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. 
 

Sources: Codes, 1942, § 7129-122; Laws,  1972, ch. 523, § 22; reenacted, 1983, ch. 486, § 17; Laws, 1991, ch. 351, § 17; reenacted, 1992, ch. 438, § 17; reenacted, 1995, ch. 503, § 17; Laws,  1996, ch. 507, § 41; reenacted without change, Laws, 2000, ch. 484, § 17; brought forward without change, Laws, 2005, ch. 460, § 17, eff from and after June 30, 2005.