1998 Regular Session
To: Oil, Gas and Other Minerals; Judiciary A
By: Representatives Bowles, Moak
House Bill 232
AN ACT TO AMEND SECTION 53-1-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INTERESTED PARTY AGGRIEVED BY ANY FINAL RULE, REGULATION OR ORDER OF THE STATE OIL AND GAS BOARD MAY APPEAL DIRECTLY TO THE SUPREME COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 53-1-39, Mississippi Code of 1972, is amended as follows:
53-1-39. (a) In addition to other remedies now available, the state, or any interested person aggrieved by any final rule, regulation or order of the board, shall have the right, regardless of the amount involved, of appeal to the Supreme Court * * *, which shall be taken and perfected as hereinafter provided, within thirty (30) days from the date that such final rule, regulation or order is filed for record in the office of the board; and the Supreme Court may affirm such rule, regulation or order, or reverse same for further proceedings as justice may require. All such appeals shall be taken and perfected, heard and determined either in termtime or in vacation on the record, including a transcript of pleadings and testimony, both oral and documentary, filed and heard before the board, and such appeal shall be heard and disposed of promptly by the court as a preference cause. In perfecting any appeal provided by this section, the provisions of law respecting notice to the reporter and the allowance of bills of exception, now or hereafter in force respecting appeals * * * to the Supreme Court shall be applicable. However, the reporter shall transcribe his notes and file the transcript of the record with the board within thirty (30) days after approval of the appeal bond.
(b) Upon the filing with the board of a petition for appeal to the Supreme Court, it shall be the duty of the board, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the Clerk of the Supreme Court, a copy of the petition for appeal and of the rule, regulation or order appealed from, and the original and one (1) copy of the transcript of the record of proceedings in evidence before the board. After the filing of the petition, the appeal shall be perfected by the filing with the Clerk of the Supreme Court bond in the sum of Five Hundred Dollars ($500.00) or other amount as determined by the court with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal; the bond may be approved by any member of the board or by the supervisor, or by the clerk of the court * * *. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation or order of the board, but the Supreme Court may award a writ of supersedeas to any rule, regulation or order of the board after five (5) days' notice to the board and after hearing. Any order or judgment staying the operation of any rule, regulation or order of the board shall contain a specific finding, based upon evidence submitted to the * * * judge and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the * * * judge, payable to the state. The bond shall be in an amount fixed by the * * * judge and conditioned as the judge may direct in the order granting the supersedeas.
Appeals of rules, regulations or orders of the board pending in the chancery court before July 1, 1998, shall proceed in the chancery court having jurisdiction under the appropriate statutes and rules applicable to such cases in the chancery courts. Appeals of rules, regulations or orders of the board on or after July 1, 1998, shall be perfected in the Supreme Court and shall proceed under the statutes and rules applicable to such cases in the Supreme Court.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.