MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Judiciary
By: Senator(s) Bryan
AN ACT TO AMEND SECTION 37-45-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY SCHOOL BOARD OF A SCHOOL DISTRICT AGGRIEVED BY AN ORDER OF THE STATE EDUCATIONAL FINANCE COMMISSION MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 41-51-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON AGGRIEVED BY A DECISION OF THE COMMISSIONER OF AGRICULTURE AND COMMERCE MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 45-23-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON AGGRIEVED AT A DECISION OF THE STATE BOARD OF HEALTH CONCERNING BOILER AND PRESSURE VESSEL SAFETY MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTIONS 69-3-29, 69-25-59 AND 69-7-613, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN PERSONS AGGRIEVED AT DECISIONS OF THE COMMISSION OF AGRICULTURE AND COMMERCE MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 43-17-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON AGGRIEVED AT A DECISION CONCERNING ADULT WORK ASSIGNMENT UNDER THE TANF PROGRAM MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 49-20-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON AGGRIEVED BY AN ACTION OF THE SECRETARY OF STATE IN APPROVING OR DISAPPROVING AN ACQUISITION UNDER THE RIVER TIMBERLANDS CONTROL ACT MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 75-71-601, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON AGGRIEVED BY A FINAL ORDER OF THE SECRETARY OF STATE MAY OBTAIN A REVIEW OF THE ORDER IN THE COURT OF APPEALS; TO AMEND SECTION 61-7-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON AGGRIEVED BY A DECISION OF A JOINT AIRPORT ZONING BOARD OF ADJUSTMENT MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTION 63-1-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON DENIED A DRIVER'S LICENSE OR PERMIT MAY APPEAL TO THE COURT OF APPEALS; TO AMEND SECTIONS 75-76-121, 75-76-127, 75-76-167 AND 75-76-173, MISSISSIPPI CODE OF 1972, TO PROVIDE THE METHOD OF REVIEW OF DECISIONS OF THE GAMING COMMISSION; TO AMEND SECTION 25-9-132, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY EMPLOYEE AGGRIEVED BY A FINAL DECISION OF THE EMPLOYEE APPEALS BOARD SHALL HAVE AN APPEAL TO THE COURT OF APPEALS; TO AMEND SECTIONS 27-35-163, 63-21-61, 27-7-73 AND 27-13-45, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR APPEAL TO THE COURT OF APPEALS FOR CERTAIN DECISIONS OF THE STATE TAX COMMISSION; TO AMEND SECTION 37-15-21, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE SCHOOL BOARDS; TO AMEND SECTION 53-1-39, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE STATE OIL AND GAS BOARD; TO AMEND SECTION 65-2-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE STATE HIGHWAY ARBITRATION BOARD; TO AMEND SECTION 69-15-63, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE BOARD OF ANIMAL HEALTH; TO AMEND SECTIONS 77-3-413, 77-3-415, 77-7-295, 77-3-67 AND 77-3-71, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE PUBLIC SERVICE COMMISSION; TO AMEND SECTIONS 75-57-117, 83-53-37, 83-53-39, 83-6-41, 83-5-43, 83-53-33, 83-17-83, 83-6-41, 83-41-339, 83-53-15 AND 83-54-27, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE INSURANCE COMMISSION; TO AMEND SECTION 99-41-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR REVIEW IN THE COURT OF APPEALS OF CERTAIN DECISIONS OF THE CRIME VICTIMS' COMPENSATION ACT; TO AMEND SECTION 71-3-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DECISIONS MADE BY THE WORKERS' COMPENSATION COMMISSION MAY BE APPEALED DIRECTLY TO THE COURT OF APPEALS; TO AMEND SECTION 9-4-3, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-45-51, Mississippi Code of 1972, is amended as follows:
37-45-51. Any school board of a school district aggrieved by any final rule, regulation or order of the commission shall have the right of appeal to the Court of Appeals, which appeal shall be taken and perfected as hereinafter provided within thirty (30) days from the date of such final rule, regulation or order. The said Court of Appeals may modify or affirm such rule, regulation or order or reverse or remand the same for further proceedings as justice may require. All such appeals shall be taken and perfected, heard and determined * * * on the record, including a transcript of any evidence, pleadings or testimony filed and heard before said commission. Such appeal shall be heard and disposed of promptly by the Court of Appeals as a preference cause. In perfecting any appeal provided by this chapter, 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. The reporter shall transcribe his notes and file the transcript of the record with the commission within thirty (30) days after approval of the appeal bond.
Upon the filing with the commission of a petition for appeal to the Court of Appeals, it shall be the duty of the commission, 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 Court of Appeals a copy of the petition for appeal and of the rule, regulation or order appealed from, and a transcript of the record of the pleadings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sufficient sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal. Said bond shall be approved 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 commission, but the judge of the said Court of Appeals may award a writ of supersedeas to any rule, regulation or order of the commission after five (5) days' notice to the commission and after hearing. Any order or judgment staying the operation of any rule, regulation or order of the commission shall contain a specific finding, based upon evidence submitted to the Court of Appeals 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 Court of Appeals, payable to the state. The bond shall be in an amount fixed by the Court of Appeals and conditioned as said Court of Appeals may direct in the order granting the supersedeas.
SECTION 2. Section 41-51-29, Mississippi Code of 1972, is amended as follows:
41-51-29. Any licensee or other person, aggrieved by any final decision or order of the commissioner made or entered in or on such decision or order may appeal to the Court of Appeals by filing with the commissioner a petition for review within thirty days from the date of such decision or order, specifying the grounds upon which he relies, and by filing with the clerk of said court a bond with such surety or sureties and in such penalty as shall be approved by the commissioner or the clerk or judge of said court, conditioned that such appellant will pay all costs of the appeal in event such appeal is unsuccessful. The state may appeal from such decision or order in like time and manner without giving bond. Such appeal, and appeal bond, shall not operate as a supersedeas, but the commissioner, or the judge of said * * * court (or any judge of the supreme court in event of appeals thereto) may grant a supersedeas upon such terms and conditions and upon such bond as may be deemed proper. All appeal and supersedeas bonds shall be payable to the state and may from time to time and upon cause shown be ordered increased or ordered replaced by other bonds with approved sureties, and may be enforced in the manner provided by law for the enforcement of other similar bonds. In perfecting such an appeal, 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. The cause shall be triable as a preference cause * * * at such time and place as may be fixed by the Court of Appeals. The appeal shall be upon the record, which shall contain the petition for review and the proceedings, evidence, and decision or order appealed from, and the same shall be signed by the commissioner or the person acting as his representative and by him transmitted forthwith to said * * * court. Such court shall hear and determine the case presented by such record, and may affirm or set aside the decision or order from which the appeal was taken and shall thereupon certify its judgment to the commissioner. In case the decision or order of the commissioner be set aside by the Court of Appeals, such court shall enter and render such judgment, decision or order as the commissioner should have rendered, unless it be necessary, in consequence of its decision, that some decision or ruling entirely administrative or legislative in nature be made, or that some fact or question of fact not appearing in or not settled by the record be ascertained or determined, in which cases the matter shall be remanded to the commissioner for further proceedings and action or decision in accord with the judgment and direction of such * * * court from which further proceedings, action, or decision of the commissioner further appeals may be taken to the Court of Appeals in the manner provided in this section. Costs on an appeal shall be awarded as in other cases. Any party, including the state and the commissioner, aggrieved by a final decision of said Court of Appeals, may appeal to the supreme court in the manner provided by law.
SECTION 3. Section 45-23-59, Mississippi Code of 1972, is amended as follows:
45-23-59. Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the Court of Appeals * * * for a review thereof. The court shall summarily hear the petition and may make any appropriate order.
SECTION 4. Section 69-3-29, Mississippi Code of 1972, is amended as follows:
69-3-29. (1) When a written complaint is made against a person for violation of this article, or any of the rules or regulations, the commissioner, or his designee, shall conduct a full evidentiary hearing. The complaint shall be in writing and shall be filed in the office of the department. The commissioner shall serve the accused with a copy of the complaint and a summons by any of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. Within thirty (30) days after receipt of the summons and a copy of the complaint, the accused shall file a written answer with the department. Upon receipt of the written answer of the accused, the matter shall be set for hearing before the commissioner within a reasonable time. If the accused fails to file an answer within the thirty (30) days, the commissioner may enter an order by default against the accused. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with the subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded. If the commissioner determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation has occurred, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than Five Thousand Dollars ($5,000.00) for each violation; (b) revoke or suspend any license or permit issued to the accused under the terms of this article; (c) issue a stop sale order; (d) require the accused to relabel a lot of seed that he is offering or exposing for sale which is not labeled in accordance with this article; or (e) seize any lot of seed that is not in compliance with this article and destroy, sell or otherwise dispose of the seed and apply the proceeds of the sale to the costs and civil penalties levied with the balance to be paid to the accused. The decision of the commissioner, or his designee, shall be in writing, and it shall be delivered to the accused by certified mail.
(2) Either the accused or the department may appeal the decision of the commissioner to the Court of Appeals * * *. The appellant shall have the record transcribed and file it with the Court of Appeals. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals * * *. If no appeal is perfected within the required time, the decision of the commissioner shall then become final.
(3) The decision of the Court of Appeals may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals.
(4) When any violation of this article, or the rules and regulations occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors, and any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties against the accused: (a) issue a stop sale order; (b) require the accused to relabel a lot of seed that he is offering or exposing for sale and which is not labeled in accordance with this article; or (c) seize any lot of seed that is not in compliance with this article and destroy, sell or otherwise dispose of the seed and apply the proceeds of the sale to the cost and any civil penalties levied with the balance to be paid to the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Plant Industry in the department, or his designee, who shall act as reviewing officer. If the accused makes a timely request, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within the thirty (30) days, then he will be deemed to have waived his right to the review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures in subsection (1) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. The appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.
(5) The procedures described herein shall not apply to seed arbitration claims which are described in Section 69-3-19, as such claims shall be governed by the procedures set forth in that statute.
SECTION 5. Section 69-25-59, Mississippi Code of 1972, is amended as follows:
69-25-59. (1) Any individual aggrieved by a final decision of the Commissioner of Agriculture and Commerce shall be entitled to judicial review.
(2) An appeal from the commissioner's decision shall be filed in the Court of Appeals * * * on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee. The appeal shall be filed within thirty (30) days after notification of the action of the commissioner is mailed or served and the proceedings * * * shall be conducted as other matters coming before the court.
(3) The scope of review of the Court of Appeals in such cases shall be limited to a review of the record made before the hearing committee to determine if the action of the commissioner 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 commissioner in complying with the procedural requirements of Sections 69-25-51 through 69-25-65. In the event that 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 Court of Appeals may appeal to the State Supreme Court in the manner provided by law.
SECTION 6. Section 69-7-613, Mississippi Code of 1972, is amended as follows:
69-7-613. (1) Any person who violates any provision of this article for which no other civil penalty is provided by this article shall upon conviction be subject to a fine of not more than five hundred dollars ($500.00); provided, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this article if such receipt was made in good faith, unless such person refuses to furnish, on request of a representative of the commissioner, the name and address of the person from whom he received such article, and copies of all documents, if any there be, pertaining to the delivery of the article to him.
(2) Nothing in this article shall be construed as requiring the commissioner to report for prosecution or for the institution of libel or injunction proceedings minor violations of this article whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
(3) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for such prosecution, an opportunity shall be given the distributor or other affected person to present his view to the commissioner.
(4) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
(5) Any person adversely affected by an act, order or ruling made by the commissioner pursuant to the provisions of this article may, within forty-five (45) days thereafter, bring action in the Court of Appeals for judicial review of such actions. The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
SECTION 7. Section 43-17-5, Mississippi Code of 1972, is amended as follows:
43-17-5. (1) The amount of Temporary Assistance for Needy Families (TANF) benefits which may be granted for any dependent child and a needy caretaker relative shall be determined by the county department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case, and in accordance with the rules and regulations made by the Department of Human Services which shall not be less than the Standard of Need in effect for 1988, and shall be sufficient when added to all other income (except that any income specified in the federal Social Security Act, as amended, may be disregarded) and support available to the child to provide such child with a reasonable subsistence compatible with decency and health. The first family member in the dependent child's budget may receive an amount not to exceed One Hundred Ten Dollars ($110.00) per month; the second family member in the dependent child's budget may receive an amount not to exceed Thirty-six Dollars ($36.00) per month; and each additional family member in the dependent child's budget an amount not to exceed Twenty-four Dollars ($24.00) per month. The maximum for any individual family member in the dependent child's budget may be exceeded for foster or medical care or in cases of mentally retarded or physically handicapped children. TANF benefits granted shall be specifically limited only (a) to children existing or conceived at the time the caretaker relative initially applies and qualifies for such assistance, unless this limitation is specifically waived by the department, or (b) to a child born following a twelve (12) consecutive month period of discontinued benefits by the caretaker relative.
(2) TANF cash benefits in Mississippi shall be provided by monthly checks mailed to the recipient family until such time as an on-line electronic benefits transfer system for TANF benefit payments is implemented pursuant to Section 43-1-28.
(3) The Department of Human Services shall deny TANF benefits to the following categories of individuals, except for individuals and families specifically exempt or excluded for good cause as allowed by federal statute or regulation:
(a) Families without a minor child residing with the custodial parent or other adult caretaker relative of the child;
(b) Families which include an adult who has received TANF assistance for sixty (60) months after the commencement of the Mississippi TANF program, whether or not such period of time is consecutive;
(c) Families not assigning to the state any rights a family member may have, on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance, to support from any other person, as required by law;
(d) Families who fail to cooperate in establishing paternity or obtaining child support, as required by law;
(e) Any individual who has not attained eighteen (18) years of age, is not married to the head of household, has a minor child at least twelve (12) weeks of age in his or her care, and has not successfully completed a high school education or its equivalent, if such individual does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent, or an alternative educational or training program approved by the department;
(f) Any individual who has not attained eighteen (18) years of age, is not married, has a minor child in his or her care, and does not reside in a place or residence maintained by a parent, legal guardian or other adult relative or the individual as such parent's, guardian's or adult relative's own home;
(g) Any minor child who has been, or is expected by a parent or other caretaker relative of the child to be, absent from the home for a period of more than thirty (30) days;
(h) Any individual who is a parent or other caretaker relative of a minor child who fails to notify the department of the absence of the minor child from the home for the thirty-day period specified in paragraph (g), by the end of the five-day period that begins with the date that it becomes clear to the individual that the minor child will be absent for the thirty-day period;
(i) Any individual who fails to comply with the provisions of the Employability Development Plan signed by the individual which prescribe those activities designed to help the individual become and remain employed, or to participate satisfactorily in the assigned work activity, as authorized under subsections (6)(c) and (d);
(j) A parent or caretaker relative who has not engaged in an allowable work activity once the department determines the parent or caretaker relative is ready to engage in work, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier;
(k) Any individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the jurisdiction from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or who is violating a condition of probation or parole imposed under federal or state law;
(l) Aliens who are not qualified under federal law;
(m) For a period of ten (10) years following conviction, individuals convicted in federal or state court of having made a fraudulent statement or representation with respect to the individual's place of residence in order to receive TANF, food stamps or Supplemental Security Income (SSI) assistance under Title XVI or Title XIX simultaneously from two (2) or more states; and
(n) Individuals who are recipients of federal Supplemental Security Income (SSI) assistance.
(4) (a) Any person who is otherwise eligible for TANF benefits, including custodial and noncustodial parents, shall be required to attend school and meet the monthly attendance requirement as provided in this subsection if all of the following apply:
(i) The person is under age twenty (20);
(ii) The person has not graduated from a public or private high school or obtained a GED equivalent;
(iii) The person is physically able to attend school and is not excused from attending school; and
(iv) If the person is a parent or caretaker relative with whom a dependent child is living, child care is available for the child.
The monthly attendance requirement under this subsection shall be attendance at the school in which the person is enrolled for each day during a month that the school conducts classes in which the person is enrolled, with not more than two (2) absences during the month for reasons other than the reasons listed in paragraph (e)(iv) of this subsection. Persons who fail to meet participation requirements in this subsection shall be subject to sanctions as provided in paragraph (f) of this subsection.
(b) As used in this subsection, "school" means any one (1) of the following:
(i) A school as defined in Section 37-13-91(2);
(ii) A vocational, technical and adult education program; or
(iii) A course of study meeting the standards established by the State Department of Education for the granting of a declaration of equivalency of high school graduation.
(c) If any compulsory-school-age child, as defined in Section 37-13-91(2), to which TANF eligibility requirements apply is not in compliance with the compulsory school attendance requirements of Section 37-13-91(6), the superintendent of schools of the school district in which the child is enrolled or eligible to attend shall notify the county department of human services of the child's noncompliance. The Department of Human Services shall review school attendance information as provided under this paragraph at all initial eligibility determinations and upon subsequent report of unsatisfactory attendance.
(d) The signature of a person on an application for TANF benefits constitutes permission for the release of school attendance records for that person or for any child residing with that person. The department shall request information from the child's school district about the child's attendance in the school district's most recently completed semester of attendance. If information about the child's previous school attendance is not available or cannot be verified, the department shall require the child to meet the monthly attendance requirement for one (1) semester or until the information is obtained. The department shall use the attendance information provided by a school district to verify attendance for a child. The department shall review with the parent or caretaker relative a child's claim that he or she has a good cause for not attending school.
A school district shall provide information to the department about the attendance of a child who is enrolled in a public school in the district within five (5) working days of the receipt of a written request for such information from the department. The school district shall define how many hours of attendance count as a full day and shall provide that information, upon request, to the department. In reporting attendance, the school district may add partial days' absence together to constitute a full day's absence.
(e) A child who is required to attend school to meet the requirements under this subsection shall comply except when there is good cause, which shall be demonstrated by any of the following circumstances:
(i) The minor parent is the caretaker of a child less than twelve (12) weeks old; or
(ii) The department determines that child care services are necessary for the minor parent to attend school and there is no child care available; or
(iii) The child is prohibited by the school district from attending school and an expulsion is pending. This exemption no longer applies once the teenager has been expelled; however, a teenager who has been expelled and is making satisfactory progress towards obtaining a GED equivalent shall be eligible for TANF benefits; or
(iv) The child failed to attend school for one or more of the following reasons:
1. Illness, injury or incapacity of the child or the minor parent's child;
2. Court-required appearances or temporary incarceration;
3. Medical or dental appointments for the child or minor parent's child;
4. Death of a close relative;
5. Observance of a religious holiday;
6. Family emergency;
7. Breakdown in transportation;
8. Suspension; or
9. Any other circumstance beyond the control of the child, as defined in regulations of the department.
(f) Upon determination that a child has failed without good cause to attend school as required, the department shall provide written notice to the parent or caretaker relative (whoever is the primary recipient of the TANF benefits) that specifies:
(i) That the family will be sanctioned in the next possible payment month because the child who is required to attend school has failed to meet the attendance requirement of this subsection;
(ii) The beginning date of the sanction, and the child to whom the sanction applies;
(iii) The right of the child's parents or caretaker relative (whoever is the primary recipient of the TANF benefits) to request a fair hearing under this subsection.
The child's parent or caretaker relative (whoever is the primary recipient of the TANF benefits) may request a fair hearing on the department's determination that the child has not been attending school. If the child's parents or caretaker relative does not request a fair hearing under this subsection, or if, after a fair hearing has been held, the hearing officer finds that the child without good cause has failed to meet the monthly attendance requirement, the department shall discontinue or deny TANF benefits to the child thirteen (13) years old, or older, in the next possible payment month. The department shall discontinue or deny twenty-five percent (25%) of the family grant when a child six (6) through twelve (12) years of age without good cause has failed to meet the monthly attendance requirement. Both the child and family sanction may apply when children in both age groups fail to meet the attendance requirement without good cause. A sanction applied under this subsection shall be effective for one (1) month for each month that the child failed to meet the monthly attendance requirement. In the case of a dropout, the sanction shall remain in force until the parent or caretaker relative provides written proof from the school district that the child has reenrolled and met the monthly attendance requirement for one (1) calendar month. Any month in which school is in session for at least ten (10) days during the month may be used to meet the attendance requirement under this subsection. This includes attendance at summer school. The sanction shall be removed the next possible payment month.
(5) All parents or caretaker relatives shall have their dependent children receive vaccinations and booster vaccinations against those diseases specified by the State Health Officer pursuant to Section 41-23-37 in accordance with the vaccination and booster vaccination schedule prescribed by the State Health Officer for children of that age, in order for the parents or caretaker relatives to be eligible or remain eligible to receive TANF benefits. Proof of having received such vaccinations and booster vaccinations shall be given by presenting the certificates of vaccination issued by any health care provider licensed to administer vaccinations, and submitted on forms specified by the State Board of Health. If the parents without good cause do not have their dependent children receive the vaccinations and booster vaccinations as required by this subsection and they fail to comply after thirty (30) days' notice, the department shall sanction the family's TANF benefits by twenty-five percent (25%) for the next payment month and each subsequent payment month until the requirements of this subsection are met.
(6) (a) If the parent or caretaker relative applying for TANF assistance is an employable person, as determined by the Department of Human Services, the person shall be required to engage in an allowable work activity once the department determines the parent or caretaker relative is ready to engage in work, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier. No TANF benefits shall be given to any person to whom this section applies who fails without good cause to comply with the Employability Development Plan prepared by the department for the person, or who has refused to accept a referral or offer of employment, training or education in which he or she is able to engage, subject to the penalties prescribed in subsection (6)(e). A person shall be deemed to have refused to accept a referral or offer of employment, training or education if he or she:
(i) Willfully fails to report for an interview with respect to employment when requested to do so by the department; or
(ii) Willfully fails to report to the department the result of a referral to employment; or
(iii) Willfully fails to report for allowable work activities as prescribed in subsections (6)(c) and (d).
(b) The Department of Human Services shall operate a statewide work program for TANF recipients to provide work activities and supportive services to enable families to become self-sufficient and improve their competitive position in the work force in accordance with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), as amended, and the regulations promulgated thereunder. All adults who are not specifically exempt shall be referred by the department for allowable work activities. An adult may be exempt from the mandatory work activity requirement for the following reasons:
(i) Incapacity;
(ii) Temporary illness or injury, verified by physician's certificate;
(iii) Is in the third trimester of pregnancy, verified by physician's certificate;
(iv) Caretaker of a child under twelve (12) months, for not more than twelve (12) months of the sixty-month maximum benefit period;
(v) Caretaker of an ill or incapacitated person, as verified by physician's certificate;
(vi) Age, if over sixty (60) or under eighteen (18) years of age;
(vii) Receiving treatment for substance abuse, if the person is in compliance with the substance abuse treatment plan;
(viii) In a two-parent family, the caretaker of a severely disabled child, as verified by a physician's certificate; or
(ix) History of having been a victim of domestic violence, which has been reported as required by state law and is substantiated by police reports or court records, and being at risk of further domestic violence, shall be exempt for a period as deemed necessary by the department but not to exceed a total of twelve (12) months, which need not be consecutive, in the sixty-month maximum benefit period. For the purposes of this paragraph (ix), "domestic violence" means that an individual has been subjected to:
1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;
2. Sexual abuse;
3. Sexual activity involving a dependent child;
4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
5. Threats of, or attempts at, physical or sexual abuse;
6. Mental abuse; or
7. Neglect or deprivation of medical care.
(c) For all families, all adults who are not specifically exempt shall be required to participate in work activities for at least the minimum average number of hours per week specified by federal law or regulation, not fewer than twenty (20) hours per week (thirty-five (35) hours per week for two-parent families) of which are attributable to the following allowable work activities:
(i) Unsubsidized employment;
(ii) Subsidized private employment;
(iii) Subsidized public employment;
(iv) Work experience (including work associated with the refurbishing of publicly assisted housing), if sufficient private employment is not available;
(v) On-the-job training;
(vi) Job search and job readiness assistance consistent with federal TANF regulations;
(vii) Community service programs;
(viii) Vocational educational training (not to exceed twelve (12) months with respect to any individual);
(ix) The provision of child care services to an individual who is participating in a community service program;
(x) Satisfactory attendance at high school or in a course of study leading to a high school equivalency certificate, for heads of household under age twenty (20) who have not completed high school or received such certificate;
(xi) Education directly related to employment, for heads of household under age twenty (20) who have not completed high school or received such equivalency certificate.
(d) The following are allowable work activities which may be attributable to hours in excess of the minimum specified in paragraph (6)(c):
(i) Job skills training directly related to employment;
(ii) Education directly related to employment for individuals who have not completed high school or received a high school equivalency certificate;
(iii) Satisfactory attendance at high school or in a course of study leading to a high school equivalency, for individuals who have not completed high school or received such equivalency certificate;
(iv) Job search and job readiness assistance consistent with federal TANF regulations.
(e) If any adult or caretaker relative refuses to participate in allowable work activity as required under this subsection (6), the following full family TANF benefit penalty will apply, subject to due process to include notification, conciliation and a hearing if requested by the recipient:
(i) For the first violation, the department shall terminate the TANF assistance otherwise payable to the family for a two-month period or until the person has complied with the required work activity, whichever is longer;
(ii) For the second violation, the department shall terminate the TANF assistance otherwise payable to the family for a six-month period or until the person has complied with the required work activity, whichever is longer;
(iii) For the third violation, the department shall terminate the TANF assistance otherwise payable to the family for a twelve-month period or until the person has complied with the required work activity, whichever is longer;
(iv) For the fourth violation, the person shall be permanently disqualified.
For a two-parent family, unless prohibited by state or federal law, Medicaid assistance shall be terminated only for the person whose failure to participate in allowable work activity caused the family's TANF assistance to be sanctioned under this subsection (6)(e), unless an individual is pregnant, but shall not be terminated for any other person in the family who is meeting that person's applicable work requirement or who is not required to work. Minor children shall continue to be eligible for Medicaid benefits regardless of the disqualification of their parent or caretaker relative for TANF assistance under this subsection (6), unless prohibited by state or federal law.
(f) Any person enrolled in a two-year or four-year college program who meets the eligibility requirements to receive TANF benefits, and who is meeting the applicable work requirements and all other applicable requirements of the TANF program, shall continue to be eligible for TANF benefits while enrolled in the college program for as long as the person meets the requirements of the TANF program, unless prohibited by federal law.
(g) No adult in a work activity required under this subsection (6) shall be employed or assigned (i) when any other individual is on layoff from the same or any substantially equivalent job within six (6) months before the date of the TANF recipient's employment or assignment; or (ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its work force in order to fill the vacancy so created with an adult receiving TANF assistance. The Mississippi Employment Security Commission, established under Section 71-5-101, shall appoint one or more impartial hearing officers to hear and decide claims by employees of violations of this paragraph (f). The hearing officer shall hear all the evidence with respect to any claim made hereunder and such additional evidence as he may require and shall make a determination and the reason therefor. The claimant shall be promptly notified of the decision of the hearing officer and the reason therefor. Within ten (10) days after the decision of the hearing officer has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Court of Appeals against the commission for the review of such decision, in which action any other party to the proceeding before the hearing officer shall be made a defendant. Any such appeal shall be on the record which shall be certified to the court by the commission in the manner provided in Section 71-5-531, and the jurisdiction of the court shall be confined to questions of law which shall render its decision as provided in that section.
(7) The Department of Human Services may provide child care for eligible participants who require such care so that they may accept employment or remain employed. The department may also provide child care for those participating in the TANF program when it is determined that they are satisfactorily involved in education, training or other allowable work activities. The department may contract with Head Start agencies to provide child care services to TANF recipients. The department may also arrange for child care by use of contract or vouchers, provide vouchers in advance to a caretaker relative, reimburse a child care provider, or use any other arrangement deemed appropriate by the department, and may establish different reimbursement rates for child care services depending on the category of the facility or home. Any center-based or group home child care facility under this paragraph shall be licensed by the State Department of Health pursuant to law. When child care is being provided in the child's own home, in the home of a relative of the child, or in any other unlicensed setting, the provision of such child care may be monitored on a random basis by the Department of Human Services or the State Department of Health. Transitional child care assistance may be continued if it is necessary for parents to maintain employment once support has ended, unless prohibited under state or federal law. Transitional child care assistance may be provided for up to twenty-four (24) months after the last month during which the family was eligible for TANF assistance, if federal funds are available for such child care assistance.
(8) The Department of Human Services may provide transportation or provide reasonable reimbursement for transportation expenses that are necessary for individuals to be able to participate in allowable work activity under the TANF program.
(9) Medicaid assistance shall be provided to a family of TANF program participants for up to twenty-four (24) consecutive calendar months following the month in which the participating family would be ineligible for TANF benefits because of increased income, expiration of earned income disregards, or increased hours of employment of the caretaker relative; however, Medicaid assistance for more than twelve (12) months may be provided only if a federal waiver is obtained to provide such assistance for more than twelve (12) months and federal and state funds are available to provide such assistance.
(10) The department shall require applicants for and recipients of public assistance from the department to sign a personal responsibility contract that will require the applicant or recipient to acknowledge his or her responsibilities to the state.
(11) The department shall enter into an agreement with the State Personnel Board and other state agencies that will allow those TANF participants who qualify for vacant jobs within state agencies to be placed in state jobs. State agencies participating in the TANF work program shall receive any and all benefits received by employers in the private sector for hiring TANF recipients. This subsection (11) shall be effective only if the state obtains any necessary federal waiver or approval and if federal funds are available therefor.
(12) No new TANF program requirement or restriction affecting a person's eligibility for TANF assistance, or allowable work activity, which is not mandated by federal law or regulation may be implemented by the Department of Human Services after the effective date of this act, unless such is specifically authorized by an amendment to this section by the Legislature.
SECTION 8. Section 49-20-33, Mississippi Code of 1972, is amended as follows:
49-20-33. Any person filing a statement required by this chapter, the river timberlands company, or any other party in interest, which is adversely affected or aggrieved by an action of the Secretary of State under this chapter in approving or disapproving an acquisition subject to the provisions of this chapter, may obtain judicial review of the Secretary of State's action by filing, within thirty (30) days after service of notice of the Secretary of State's action, a civil action in the Court of Appeals seeking judicial review of such action. Upon the filing of such action, the court may, upon application of the complaining party, stay the effectiveness of the Secretary of State's order pending proceedings in the court. Upon review by the court, the findings of the Secretary of State, if supported by competent, material and substantial evidence and not contrary to law, shall be conclusive.
SECTION 9. Section 75-71-601, Mississippi Code of 1972, is amended as follows:
75-71-601. Any person aggrieved by a final order of the secretary of state may obtain a review of the order in the Court of Appeals by filing in court, within sixty (60) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition shall be forthwith served upon the secretary of state and thereupon the secretary of state shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the secretary of state as to the facts, if supported by competent material and substantial evidence, are conclusive.
SECTION 10. Section 61-7-25, Mississippi Code of 1972, is amended as follows:
61-7-25. Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the Court of Appeals * * * a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the board.
Upon presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment. The findings of fact of the board, if supported by substantial evidence, shall be accepted by the court as conclusive. No objection to a decision of the board shall be considered by the court unless such objection shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.
Cost shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by the court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
SECTION 11. Section 63-1-31, Mississippi Code of 1972, is amended as follows:
63-1-31. When a person is denied a license or any temporary driving permit after filing the proper application, he shall have the right within sixty (60) days thereafter to file a petition, in the Court of Appeals * * * praying for a hearing in the matter before * * * the court * * *. Such judge * * * is hereby vested with jurisdiction to hear such matters forthwith * * * upon five (5) days' written notice to the officer who refused to issue such license or any temporary driving permit. Said hearing shall be conducted at such place as may suit the convenience of the court. On the hearing of the petition, testimony may be taken, and the court shall render such judgment in the matter as it deems right and proper under the law and evidence.
SECTION 12. Section 75-76-121, Mississippi Code of 1972, is amended as follows:
75-76-121. (1) Any person aggrieved by a final decision or order of the commission may obtain a judicial review thereof in the Court of Appeals * * *.
(2) The judicial review must be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
(3) Copies of the petition must be served upon the executive director and all other parties of record, or their counsel of record, either personally or by certified mail.
(4) The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
(5) The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
SECTION 13. Section 75-76-127, Mississippi Code of 1972, is amended as follows:
75-76-127. (1) Any party aggrieved by the final decision in the Court of Appeals after a review of the decision and order of the commission may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions and may affirm, reverse or modify the decision as the record and law warrant.
(2) The judicial review by the Court of Appeals and Supreme Court afforded in this chapter is the exclusive method of review of the commission's actions, decisions and orders in disciplinary hearings. Judicial review is not available for actions, decisions and orders of the commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded or where the use of those writs or proceedings is precluded by specific statute.
SECTION 14. Section 75-76-167, Mississippi Code of 1972, is amended as follows:
75-76-167. (1) Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to Sections 75-76-159 through 75-76-165, inclusive, may obtain a judicial review thereof in the Court of Appeals * * *.
(2) The judicial review must be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
(3) Copies of the petition must be served upon the executive director and all other parties of record, or their counsel of record, either personally or by certified mail.
(4) The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
(5) The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
SECTION 15. Section 75-76-173, Mississippi Code of 1972, is amended as follows:
75-76-173. (1) Any party aggrieved by the final decision in the Court of Appeals after a review of the decision and order of the commission may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions and may affirm, reverse or modify the decision as the record and law warrant.
(2) The judicial review by the Court of Appeals and Supreme Court afforded in this chapter is the exclusive method of review of the commission's actions, decisions and orders in hearings held pursuant to Sections 75-76-159 through 75-76-165, inclusive.
(3) The party requesting judicial review shall bear all of the costs of transcribing and of transmitting the record on review.
SECTION 16. Section 25-9-132, Mississippi Code of 1972, is amended as follows:
25-9-132. Any employee aggrieved by a final decision of the Employee Appeals Board shall be entitled to judicial review thereof in the manner provided in this section.
(1) An appeal may be taken by such employee to the Court of Appeals by filing a petition with the clerk of such court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, in the penalty of Five Hundred Dollars ($500.00), conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the Employee Appeals Board. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the Employee Appeals Board. Upon approval of the bond, the clerk of the court shall notify the Employee Appeals Board, which shall prepare its record in the matter and transmit it to the Court of Appeals.
(2) The scope of review of the Court of Appeals in such cases shall be limited to a review of the record made before the Employee Appeals Board or hearing officer to determine if the action of the Employee Appeals Board 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 employee.
(3) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 25-9-127 through 25-9-129; provided, however, in the event that 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.
(4) Any party aggrieved by action of the Court of Appeals may appeal to the Supreme Court in the manner provided by law.
(5) In each controversy in which the Employee Appeals Board assumes jurisdiction, the State Personnel Board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing. The State Personnel Board is hereby authorized to contract with certified court reporters to record hearings before the Employee Appeals Board.
SECTION 17. Section 27-35-163, Mississippi Code of 1972, is amended as follows:
27-35-163. (1) Except as otherwise provided in subsection (2) of this section, any person, firm or corporation aggrieved by an order of the State Tax Commission assessing property for the purpose of ad valorem taxation may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, appeal with supersedeas as to the amount of taxes in controversy to the Court of Appeals * * * upon giving bond with sufficient sureties, to be approved by the clerk of such court, in a sum equal to the amount of taxes due on the contested value of such property as assessed by the State Tax Commission, but never less than One Hundred Dollars ($100.00), payable to the state and conditioned to perform the judgment of the Court of Appeals. The ad valorem taxes due on the uncontested portion of the value as set by the State Tax Commission shall be due and payable at the same time as all other ad valorem taxes are for real and personal property. The person, firm or corporation who appeals shall file with the clerk of the Court of Appeals a petition for appeal and review, together with said bond herein provided for, and the clerk shall thereupon give notice to the State Tax Commission. The State Tax Commission shall file with the clerk of the Court of Appeals a copy of its order, or orders, making the assessment within twenty (20) days after the receipt of such notice, and the matter of assessing such property shall be heard de novo by the Court of Appeals * * *, and such proceeding shall be given preference over other pending matters in said court. After hearing the evidence, the Court of Appeals * * * shall make an order setting aside, modifying or affirming the order of the State Tax Commission. A copy of such order shall be certified by the clerk of said court to the State Tax Commission, which shall conform thereto.
If the order of the State Tax Commission assessing said property be affirmed, then the person, firm or corporation who appealed, and the sureties on the appeal bond, shall be liable to the state for damages at the rate of ten percent (10%) on the amount of taxes in controversy, and all cost of such appeal.
If the state shall be aggrieved by an order of the State Tax Commission as to the assessment of such property for ad valorem taxes, the Attorney General or the district attorney, if all the property sought to be taxed is located within the judicial district for which such district attorney is elected, may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, appeal to the Court of Appeals * * * in like manner as in the case of any person, firm or corporation aggrieved as hereinbefore provided, except no bonds shall be required of the Attorney General or district attorney who may appeal. Upon the filing of a petition for appeal or review as herein provided, the clerk of the Court of Appeals shall thereupon issue process to the person, firm or corporation whose property is assessed, and such person, firm or corporation shall plead to said petition within twenty (20) days after the receipt of said notice.
* * *
Any taxpayer aggrieved by an order of the Court of Appeals may appeal, with supersedeas, to the Supreme Court by giving bond in the amount and conditioned as provided in the preceding paragraphs hereof.
The officer who appealed the matter from the order of the State Tax Commission may have an appeal to the Supreme Court without bond.
In the event the appeal by the taxpayer delays the collection of the tax due by him, then such taxpayer shall be liable for and shall pay, at the time the taxes are paid to the tax collector whose duty it is to collect the taxes, interest at the rate of twelve percent (12%) per annum from the date the taxes were due until paid.
(2) Any telephone company operating in more than six (6) counties, which is aggrieved by an order of the State Tax Commission, may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, appeal without bond as to the amount of taxes in controversy * * *. * * *
If the state shall be aggrieved by an order of the State Tax Commission as to the assessment of such property for ad valorem taxes, the Attorney General or the district attorney, if all the property sought to be taxed is located within the judicial district for which such district attorney is elected, may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, appeal without bond * * *, and such telephone company shall plead to said petition within twenty (20) days after the receipt of said notice.
* * *
Any such telephone company aggrieved by an order of the Court of Appeals may appeal without bond to the Supreme Court.
The officer who appealed the matter from the order of the State Tax Commission may have an appeal to the Supreme Court without bond.
If the value as set by the State Tax Commission is reduced by the courts as a result of appeals filed by such telephone company, the ad valorem taxes attributable to such reduction shall be disposed of by each affected local taxing district in the following manner:
(a) (i) Such local telephone company shall be entitled to a refund equal to the amount of ad valorem taxes paid by such company to the taxing district which are attributable to such reduction in value, less the portion of any refunds previously received by such telephone company pursuant to Section 27-38-5, which are attributable to such reduction in value.
(ii) If the taxing district has not paid the full amount of the refund required by this subsection by the time that ad valorem taxes become due and payable by such telephone company to such taxing district for any subsequent year or years, such telephone company shall be entitled to take a credit against the ad valorem tax liability for such subsequent year or years up to the total amount of the refund owed to such telephone company pursuant to this paragraph (a).
(b) (i) The remaining portion of the ad valorem taxes attributable to such reduction shall be paid by the taxing district to the state, and such amount shall be credited to the Telecommunications Ad Valorem Tax Reduction Fund.
(ii) To the extent that the taxing district has not fully paid to the state the amount required by this subsection, any monies due by the state to such local taxing jurisdiction shall be offset until such amount is fully paid.
SECTION 18. Section 63-21-61, Mississippi Code of 1972, is amended as follows:
63-21-61. The owner of any motor vehicle, manufactured home or mobile home for which the State Tax Commission has refused to issue a certificate of title, or has suspended or revoked the certificate of title thereon, or any person having an interest in such motor vehicle, manufactured home or mobile home, or having a lien thereon, who feels that he has been denied any right under this chapter by the commission, or its designated agents, or his designated agents, may, within ninety (90) days thereafter, file a petition in the Court of Appeals * * * for a hearing or review of such action of the commission. The judge of such court shall set the matter for hearing or review upon not less than ten (10) days' notice after the execution of proper process or citation duly served upon the party or parties made defendant thereto, and shall thereupon hear such cause and enter such order as may be proper. * * *
SECTION 19. Section 27-7-73, Mississippi Code of 1972, is amended as follows:
27-7-73. The findings of the state tax commission shall be final unless the taxpayer shall, within thirty days from the date of the receipt of notice of such findings, file a petition in the Court of Appeals * * * requesting a hearing of the case on its merits, which petition shall be a concise statement of the facts as contended for by the petitioner. The petition shall be accompanied with a bond, to be approved by the clerk of said court, in a sum double the amount in controversy, conditioned to pay the judgment of the court. On filing such petition, the clerk of the court shall give the state tax commission notice of the proceedings as required by law by serving the chairman of the state tax commission. The Court of Appeals shall have jurisdiction to hear and determine said cause or issue joined as in other cases. Either the state tax commission or the taxpayer, or both, shall have the right of appeal to the supreme court as in other cases.
SECTION 20. Section 27-13-45, Mississippi Code of 1972, is amended as follows:
27-13-45. The findings of the state tax commission shall be final unless the taxpayer shall, within thirty days from the date of the receipt of notice of such findings, file a petition in the Court of Appeals * * * requesting a hearing of the case on its merits, which petition shall be a concise statement of the facts as contended for by the petitioner. The petition shall be accompanied with a bond, to be approved by the clerk of said court, in a sum double the amount in controversy, conditioned to pay the judgment of the court. On filing such petition, the clerk of the court shall give the state tax commission notice of the proceedings as required by law by serving the chairman of the state tax commission. The Court of Appeals shall have jurisdiction to hear and determine said cause or issue joined as in other cases. Either the state tax commission or the taxpayer, or both, shall have the right of appeal to the supreme court as in other cases.
SECTION 21. Section 37-15-21, Mississippi Code of 1972, is amended as follows:
37-15-21. If any parent, guardian or other person having custody of any child affected by the assignment of such child to a school or attendance center by the school board shall feel aggrieved at the order of the school board provided for in Section 37-15-17, such person may, at any time within thirty (30) days from the date of such order, appeal therefrom by filing a petition for appeal in the Court of Appeals. Upon the filing of such petition for an appeal, process shall be issued for and served upon the president of the school board of the school district involved. Upon being served with process, it shall be the duty of the school board to transmit promptly to the court a certified copy of the entire record of the proceedings as shown by the file of the school board. From the judgment of the Court of Appeals, an appeal may be taken to the Supreme Court in the same manner as other appeals are taken from other judgments of such court.
SECTION 22. 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 Court of Appeals * * * 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 said Court of Appeals 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 * * * 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 Court of Appeals, 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 Court of Appeals 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 said petition, the appeal shall be perfected by the filing with the clerk of the Court of Appeals of bond in the sum of Five Hundred Dollars ($500.00) 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; said bond to be approved by any member of the board or by the supervisor, or by the clerk of the Court of Appeals. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation or order of the board, but the Court of Appeals 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 Court of Appeals 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 * * *, payable to the state. The bond shall be in an amount fixed by the * * * judge and conditioned as said * * * judge may direct in the order granting the supersedeas.
Appeals of rules, regulations or orders of the board pending in the circuit court prior to July 1, 1988, shall proceed in the circuit court having jurisdiction under the appropriate statutes and rules applicable to such cases in the circuit courts. Appeals of rules, regulations or orders of the board pending in the chancery court prior to July 1, 2002, 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, 2002, shall be perfected in the * * * Court of Appeals and shall proceed under the statutes and rules applicable to such cases * * *.
SECTION 23. Section 65-2-15, Mississippi Code of 1972, is amended as follows:
65-2-15. (1) Either party to the dispute may, within fifteen (15) days from the date such order is filed with the clerk of the court, petition the Court of Appeals * * * for a review of such order on the ground that:
(a) the parties were not given reasonable opportunity to be heard;
(b) the board exceeded its powers;
(c) the order is unreasonable in that it is not supported by the evidence; and
(d) the order was procured by fraud, collusion, or other unlawful means or methods.
(2) Upon the filing of an appeal from the decision of the State Highway Arbitration Board, the decision of that board shall be suspended until it is reinstated or reversed by the Court of Appeals. The party bringing the appeal shall be required to place a supercedeas bond in an amount to be determined by the Court of Appeals.
(3) A summons to the other party to the dispute shall be issued as provided by law in other civil cases. Either party shall have the same rights to a * * * change of judge as provided by law in other civil cases. The Court of Appeals * * * shall hear the evidence adduced by both parties with respect to the issue raised by such petition and may reverse said order only if it affirmatively finds that one of the grounds set forth in subsection (1) was in fact present to such a degree that the decision of the board should not be allowed to stand. The decision of the Court of Appeals shall be final, unless an appeal is taken to the Supreme Court as hereinafter provided. If the court reverses said order for one of the reasons stated herein, and no appeal is taken to the Supreme Court, the decision of the board shall no longer be binding on either party.
SECTION 24. Section 69-15-63, Mississippi Code of 1972, is amended as follows:
69-15-63. (1) Any individual aggrieved by a final decision of the Board of Animal Health after its review of the hearing officer's recommendation shall be entitled to judicial review.
(2) An appeal from the board's decision shall be filed in the Court of Appeals on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee of the Board of Animal Health. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings * * * shall be conducted as other such matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the Board of Animal Health, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the * * * court, the aggrieved party shall pay the costs of the appeal and the action of the Court of Appeals.
(3) The scope of review of the Court of Appeals in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board 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 board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that 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 Court of Appeals may appeal to the State Supreme Court in the manner provided by law.
SECTION 25. Section 77-3-413, Mississippi Code of 1972, is amended as follows:
77-3-413. At any time within ten (10) days of the entry of the order forfeiting or refusing to forfeit such charter, the attorney general or the corporation may apply to the Court of Appeals for a writ of certiorari, which, if granted, shall have the effect of transferring the record of the last proceeding to the Court of Appeals. The Court of Appeals shall examine such record for errors of law. If the said court shall find no errors of law, the order shall be affirmed. If errors of law appear, the order shall be reversed and such reversal shall operate as a stay of such order, and the cause shall be remanded to the commission with directions for a new hearing, or dismissal, as the * * * court finds proper from the examination of the record.
SECTION 26. Section 77-3-415, Mississippi Code of 1972, is amended as follows:
77-3-415. Appeals from the order of the Court of Appeals affirming or reviewing such order may be taken as other appeals are taken to the supreme court.
SECTION 27. Section 77-7-295, Mississippi Code of 1972, is amended as follows:
77-7-295. In addition to other remedies now available, the state, or any party aggrieved by any final finding, order or judgment of the commission, shall have the right, regardless of the amount involved, of appeal to the Court of Appeals. If an application for rehearing has been filed, an appeal must be filed within thirty (30) days after the application for rehearing has been refused or deemed refused because of the commission's failure to act thereon within the time specified in Section 77-7-293, or if the application is granted, within thirty (30) days after the rendition of the decision on rehearing. If an application for rehearing has not been filed, an appeal must be filed within thirty (30) days after the entry of the commission's order. In those cases wherein an administrative order of the commission is involved, the Court of Appeals may affirm or reverse for further proceedings as justice may require. In those cases wherein the commission's order appealed from is a judicial finding, the Court of Appeals shall review, affirm, reverse or modify the same and enter therein such order or judgment as may be right and just. Without excluding any other finding, order or judgment of the commission as constituting a judicial finding, the granting or denial by the commission of an application for a certificate of public convenience and necessity, or the granting of denial of an application for a permit to operate as a contract carrier, shall be construed as a judicial finding, and appealable as such. All such appeals shall be taken and perfected, heard and determined * * * on the record, including a transcript of pleadings and testimony, both oral and documentary, filed and heard before the commission; 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.
SECTION 28. Section 77-3-67, Mississippi Code of 1972, is amended as follows:
77-3-67. (1) In addition to other remedies now available at law or in equity, any party aggrieved by any final finding, order or judgment of the commission, except those final findings, orders or judgments specified in Section 77-3-72, shall have the right, regardless of the amount involved, of appeal to the Court of Appeals * * *. * * * If an application for rehearing has been filed, an appeal must be filed within thirty (30) days after the application for rehearing has been refused or deemed refused because of the commission's failure to act thereon within the time specified in Section 77-3-65 or, if the application is granted, within thirty (30) days after the rendition of the decision on rehearing. If an application for rehearing has not been filed, an appeal must be filed within thirty (30) days after the entry of the commission's order. Every appeal shall state briefly the nature of the proceedings before the commission, and shall specify the order complained of. Any person whose rights may be directly affected by said appeal may appear and become a party, or the court may upon proper notice order any person to be joined as a party.
(2) Upon the filing of an appeal the clerk of the Court of Appeals shall serve notice thereof upon the commission, whereupon the commission shall, within sixty (60) days (or within such additional time as the court may for cause allow) from the service of such notice, certify to the Court of Appeals the record in the case, which record shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case. However, the parties and the commission may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal.
(3) No new or additional evidence shall be introduced in the appeal but the case shall be determined upon the record and evidence transferred.
(4) The court may * * * sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part, as the case may be. In case the order is wholly or partly vacated the court may also, in its discretion, remand the matter to the commission for such further proceedings, not inconsistent with the court's order as, in the opinion of the court, justice may require. The order shall not be vacated or set aside either in whole or in part, except for errors of law, unless the court finds that the order of the commission is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the commission, or violates constitutional rights.
SECTION 29. Section 77-3-71, Mississippi Code of 1972, is amended as follows:
77-3-71. Appeals in accordance with law may be had to the supreme court of the state of Mississippi from any final judgment of the Court of Appeals.
(a) If the party taking the appeal has theretofore furnished security as provided in Sections 77-3-39 and 77-3-69, and has filed a bond conditioned as provided in Sections 77-3-39 and 77-3-69, the taking of an appeal to the supreme court shall operate as a supersedeas without the furnishing of further security or bond. In such cases the supreme court may, upon application to it, require such additional security, or such additional bond conditioned as provided in Sections 77-3-39 and 77-3-69, as in its opinion will adequately secure the other party to the appeal, or parties who may become entitled to refunds, against loss in the event the judgment under review is affirmed.
(b) If an appeal to the supreme court be taken from a final judgment of the Court of Appeals which alters an order of the commission by approving a level of revenue in excess of that allowed by the commission's order, the public utility may, as a matter of right, place such level of revenue which has been so approved by the Court of Appeals in such final judgment into effect, pending final determination of the appeal to the supreme court, upon filing with the supreme court a bond in a reasonable amount approved by such court, with sureties approved by such court, conditioned upon the refund with interest at the lawful rate to the parties entitled thereto, of the amount of the excess if the rates so put into effect are finally determined to be excessive. In lieu of payment, the utility may credit the service account with the amount due under this section if the consumer entitled to the refund, is at that time, a consumer of the utility.
(c) In addition to the foregoing, if an appeal to the supreme court be taken from a final judgment of the Court of Appeals with respect to a proceeding for determination of rates, and the public utility is not then collecting under refunding bond rates in excess of rates which have been ordered by the commission, such utility may request upon motion filed in the supreme court an order allowing the utility to place into effect forthwith interim rates which may be charged and collected, subject to refund as hereinafter provided, pending final determination of the rate proceeding. The court may, in its discretion, upon a hearing by not fewer than three (3) justices and upon a finding that undue hardship or irreparable injury to the utility or the public interest would probably result otherwise, allow the utility to place into effect such interim rates at a revenue level up to, but not exceeding, the proposed rates. The court may allow the utility to collect all or part of a proposed rate increase. However, before such increased rates can take effect, the utility shall file with the court a bond in a reasonable amount approved by the court, with sureties approved by the court, conditioned upon the refund, with interest at the lawful rate, to the parties entitled thereto, of the amount of the excess after the existing rate or rates or the rate or rates so put into effect are finally determined to be excessive. In lieu of payment, the utility may credit the service account with the amount due under this section if the consumer entitled to the refund is, at that time, a consumer of the utility.
If the court does not dispose of the motion for interim rates as contemplated herein within thirty (30) days of the filing of such motion, then the public utility, as a matter of right, may place into effect forthwith fifty percent (50%) of that portion of the proposed rate schedule not allowed by the commission's order, pending final determination of the appeal, upon filing with the court a surety bond in the same manner as previously provided for herein. If the court does not make a final determination and adjudication of the rate proceeding within one hundred eighty (180) days after the record has been certified and filed, or if the court remands the matter to the commission for further proceedings and the commission has not entered its order allowing rates within forty-five (45) days from the time of receipt of the mandate of the court, or if the commission has at any time entered its order after remand and an appeal therefrom has been taken, then, in any such case, the public utility may, as a matter of right, place into effect the entire proposed rate schedule, under refunding bond, as provided for in this section or in Section 77-3-39, whichever is applicable. Interim rates under refunding bond charged by the utility under this subsection shall terminate upon final disposition of the rate proceeding without timely appeal.
SECTION 30. Section 75-57-117, Mississippi Code of 1972, is amended as follows:
75-57-117. (1) Any individual aggrieved by a final decision of the board shall be entitled to judicial review.
(2) Any appeal from the board's decision shall be filed in the Court of Appeals. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings * * * shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings before the board, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the Court of Appeals, the aggrieved party shall pay the costs of the appeal * * *.
(3) The scope of review of the Court of Appeals in such cases shall be limited to a review of the record made before the board to determine if the action of the board 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 board in complying with the procedural requirements of this chapter. 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 Court of Appeals may appeal in the manner provided by law.
SECTION 31. Section 83-53-37, Mississippi Code of 1972, is amended as follows:
83-53-37. Any person affected by an order of the commissioner under Section 83-53-35 may obtain a review of such order by filing in the Court of Appeals, within thirty (30) days from the date of the service of such order, a complaint praying that the order of the commissioner be modified or set aside. A copy of such petition or complaint shall be forthwith served upon the commissioner, and thereupon the commissioner forthwith shall certify and file in such court a transcript of the entire record in the proceeding, including all the evidence taken and the findings and order of the commissioner. Upon such filing of the petition and transcript, such court shall have jurisdiction of the proceedings and of the question determined therein, shall determine whether the filing of such petition shall operate as a stay of such order of the commissioner, and shall have power to make and enter upon the pleadings, evidence and proceedings set forth in such transcript a judgment modifying, affirming or reversing the order of the commissioner, in whole or in part. Any party, including the commissioner, aggrieved by a final decision of said Court of Appeals, may appeal to the Supreme Court in the manner provided by law.
SECTION 32. Section 83-53-39, Mississippi Code of 1972, is amended as follows:
83-53-39. A cease and desist order issued by the commissioner under Section 83-53-31 shall become final upon the completion of the time allowed for filing a petition with the commissioner for a hearing if no such petition has been duly filed within such time. If a petition for a hearing is filed within such time pursuant to Section 83-53-33, the order of the commissioner shall not take effect and be in force until the issuance of an order pursuant to Section 83-53-35. An order issued pursuant to Section 83-53-35 shall take effect and be in force upon issuance or at such time as may be stated in such order. The commissioner, in his discretion, or the Court of Appeals, upon appeal, may stay the execution or enforcement of any such order.
SECTION 33. Section 83-6-41, Mississippi Code of 1972, is amended as follows:
83-6-41. (1) Any person aggrieved by any act, determination, rule, regulation or order or any other action of the commissioner pursuant to this chapter may appeal to the Court of Appeals.
(2) The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.
(3) Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter may petition the Court of Appeals for a writ in the nature of a mandamus or a peremptory mandamus directing the commissioner to act or make such determination forthwith.
SECTION 34. Section 83-5-43, Mississippi Code of 1972, is amended as follows:
83-5-43. (1) Any person required by an order of the commissioner under Section 83-5-41 to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in Section 83-5-35 may obtain a review of such order by filing in the Court of Appeals, within thirty days from the date of the service of such order, a written petition praying that the order of the commissioner be set aside. A copy of such petition shall be forthwith served upon the commissioner, and thereupon the commissioner forthwith shall certify and file in such court a transcript of the entire record in the proceeding, including all the evidence taken and the report and order of the commissioner. Upon such filing of the petition and transcript, such court shall have jurisdiction of the proceeding and of the question determined therein, shall determine whether the filing of such petition shall operate as a stay of such order of the commissioner, and shall have power to make and enter upon the pleadings, evidence, and proceedings set forth in such transcript a judgment modifying, affirming, or reversing the order of the commissioner, in whole or in part. The findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.
(2) To the extent that the order of the commissioner is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the commissioner. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commissioner, the court may order such additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken; and he shall file such modified or new findings which, if supported by substantial evidence, shall be conclusive, and his recommendations, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3) A cease and desist order issued by the commissioner under Section 83-5-41 shall become final:
(a) Upon the completion of the time allowed for filing a petition for review if no such petition has been duly filed within such time; except that the commissioner may thereafter modify or set aside his order to the extent provided in Section 83-5-41(2) or
(b) Upon the final decision of the court if the court directs that the order of the commissioner be affirmed or the petition for review dismissed.
(4) No order of the commissioner under Sections 83-5-29 to 83-5-51 or order of the court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
SECTION 35. Section 83-53-33, Mississippi Code of 1972, is amended as follows:
83-53-33. Any person affected by a cease and desist order issued under Section 83-53-31 may, within thirty (30) days after being served with such cease and desist order, petition the commissioner for a hearing to consider the alleged violation of this chapter or any rule or regulation issued pursuant thereto. The commissioner shall set the time and place of such hearing, which shall not be less than ten (10) days nor more than thirty (30) days after the date the petition is received by the commissioner.
At the time and place fixed for such hearing, such person shall have an opportunity to be heard and to show cause why the order of the commissioner requiring such person to cease and desist from the violation or violations complained of should not be made final.
Upon good cause shown, the commissioner shall permit any person to intervene, appear and be heard at such hearing by counsel or in person.
Nothing contained herein shall require the observance at any such hearing of formal rules of pleadings or evidence.
The commissioner, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance and require the production of books, papers, records, correspondence or other documents which he deems relevant to the inquiry. The commissioner, upon such hearing, may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceeding had at such hearing. If no stenographic record is made and if a judicial review is sought, the commissioner shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which he may be lawfully interrogated, the Court of Appeals, on application of the commissioner, may issue an order requiring such person to comply with such subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as a contempt thereof.
The commissioner by regulation shall provide for the assessment of, costs for stenographic records, process and other related expenses pertaining to proceedings pursuant to this section, and may require a deposit or other security therefor.
Statements of charges, notices, orders and other processes of the commissioner may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions or by registering and mailing a copy thereof to the person affected by such statement, notice, order or other process at his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order or other process, setting forth the manner of such service, shall be proof of the same; and the return postcard receipt for such statement, notice, order or other process, registered and mailed as aforesaid, shall be proof of the service of the same.
SECTION 36. Section 83-17-83, Mississippi Code of 1972, is amended as follows:
83-17-83. Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article may appeal therefrom to the Court of Appeals by certiorari in the manner provided by law. Such appeal shall be without supersedeas, except that the court may grant supersedeas as otherwise provided by law where the license is revoked. * * *
SECTION 37. Section 83-6-41, Mississippi Code of 1972, is amended as follows:
83-6-41. (1) Any person aggrieved by any act, determination, rule, regulation or order or any other action of the commissioner pursuant to this chapter may appeal to the Court of Appeals.
(2) The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.
(3) Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter may petition the Court of Appeals for a writ in the nature of a mandamus or a peremptory mandamus directing the commissioner to act or make such determination forthwith.
SECTION 38. Section 83-41-339, Mississippi Code of 1972, is amended as follows:
83-41-339. (1) Any certificate of authority issued under this article may be suspended or revoked, and any application for a certificate of authority may be denied, if the commissioner after a hearing finds that any of the conditions listed below exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in any other information submitted under Section 83-41-305, unless amendments to the submissions have been filed with and approved by the commissioner;
(b) The health maintenance organization issues an evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of Sections 83-41-315 and 83-41-331;
(c) The health maintenance organization does not provide or arrange for basic health care services;
(d) The State Health Officer certifies to the commissioner that:
(i) The health maintenance organization does not meet the requirements of Section 83-41-307(1)(b); or
(ii) The health maintenance organization is unable to fulfill its obligations to furnish health care services;
(e) The health maintenance organization operating in a "hazardous condition", and is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to correct, within the time prescribed by subsection (3), any deficiency occurring due to such health maintenance organization's prescribed minimum net worth being impaired;
(g) The health maintenance organization has failed to implement the grievance procedures required by Section 83-41-321 in a reasonable manner to resolve valid complaints;
(h) The health maintenance organization, or any person on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or
(j) The health maintenance organization has otherwise failed substantially to comply with this article.
(2) In addition to or in lieu of suspension or revocation of a certificate of authority pursuant to this section, the applicant or health maintenance organization may be subjected to an administrative penalty of up to One Thousand Dollars ($1,000.00) for each violation.
(3) The following shall pertain when insufficient net worth is maintained:
(a) Whenever the commissioner finds that the net worth maintained by any health maintenance organization subject to the provisions of this article is less than the minimum net worth required to be maintained by Section 83-41-325, he shall give written notice to the health maintenance organization of the amount of the deficiency and require: (i) filing with the commissioner a plan for correction of the deficiency acceptable to the commissioner and (ii) correction of the deficiency within a reasonable time, not to exceed sixty (60) days, unless an extension of time, not to exceed sixty (60) additional days, is granted by the commissioner. The deficiency shall be deemed an impairment, and failure to correct the impairment in the prescribed time shall be grounds for suspension or revocation of the certificate of authority or for placing the health maintenance organization in administrative supervision, rehabilitation or liquidation as per the insurance laws of this State.
(b) Unless allowed by the commissioner no health maintenance organization or person acting on its behalf may, directly or indirectly, renew, issue or deliver any certificate, agreement or contract of coverage in this state, for which a premium is charged or collected, when the health maintenance organization writing such coverage is impaired, and the fact of such impairment is known to the health maintenance organization or to such person.
However, the existence of an impairment shall not prevent the issuance or renewal of a certificate, agreement or contract when the enrollee exercises an option granted under the plan to obtain a new, renewed or converted coverage.
(4) A certificate of authority shall be suspended or revoked or an application or a certificate of authority denied or an administrative penalty imposed only after compliance with the requirements of this section.
(a) Suspension or revocation of a certificate of authority or the denial of an application or the imposition of an administrative penalty pursuant to this section shall be by written order and shall be sent to the health maintenance organization or applicant by certified or registered mail and to the State Health Officer. The written order shall state the grounds, charges or conduct on which suspension, revocation or denial or administrative penalty is based. The health maintenance organization or applicant may in writing request a hearing within twenty (20) days from the date of mailing of the order. The said request must be filed with the commissioner within the twenty (20) day period. If no written request is made, such order shall be final upon the expiration of said twenty (20) days.
(b) If the health maintenance organization or applicant requests a hearing pursuant to this section, the commissioner shall issue a written notice of hearing and send it to the health maintenance organization or applicant by certified or registered mail and to the State Health Officer stating:
(i) A specific time for the hearing, which may not be less than twenty (20) days after mailing of the notice of hearing; and
(ii) A specific place for the hearing which shall be at the discretion of the commissioner and which may be either in Jackson, Hinds County, Mississippi or in the county where the health maintenance organization's or applicant's principal place of business is located.
(iii) If a hearing is requested, the State Health Officer or his designated representative shall be in attendance and shall participate in the proceedings. The recommendations and findings of the State Health Officer with respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner.
After the hearing, or upon failure of the health maintenance organization to appear at the hearing, the commissioner shall take whatever action he deems necessary based on written findings and shall mail his decision to the health maintenance organization or applicant with a copy to the State Health Officer. The action of the commissioner and the recommendation and findings of the State Health Officer shall be subject to review under the Administrative Rules of Practice and Procedure Act.
(5) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever.
(6) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization under supervision of the commissioner. It shall engage in no further advertising or solicitation whatsoever. The commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
(7) Any appeal from a decision of the commissioner under this section shall be to the Court of Appeals within thirty days (30) from the final Order of the commissioner.
SECTION 39. Section 83-53-15, Mississippi Code of 1972, is amended as follows:
83-53-15. All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state, and the schedules of premium rates pertaining thereto, shall be filed with the commissioner for his approval prior to use.
If after filing, the commissioner notifies the insurer that the form is disapproved, it is unlawful for the insurer to issue or use the form. In the notice the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within thirty (30) days after receipt of request in writing by the insurer. No such policy, certificate of insurance, notice of proposed insurance, nor any application, endorsement or rider shall be issued or used unless and until the commissioner shall give his prior written approval thereto.
Any insurer or other party affected by any order or final determination of the commissioner under the provisions of this section may obtain judicial review thereof by filing in the Court of Appeals within thirty (30) days from the date thereof a written petition or complaint praying that said order or final determination be modified or reversed. A copy of such petition or complaint shall be forthwith served upon the commissioner, and the commissioner shall file a transcript of the entire record of the proceedings with said court, which shall then have jurisdiction of the proceedings and questions determined therein. Said court shall have the power to make or enter a judgment modifying, affirming or reversing the order or final determination of the commissioner in whole or in part.
A premium rate or schedule of premium rates shall be deemed reasonable for all purposes under this chapter and shall be deemed approved by the commissioner upon filing with the commissioner as required by this section if the premium rate or schedule of premium rates meets the requirements for being considered reasonable under Section 83-53-23. However, a different premium rate or schedule of premium rates shall be deemed reasonable upon the filing thereof with the commissioner as required by this section if it produces, or reasonably may be expected to result in claims incurred in excess of fifty percent (50%) of earned premiums.
SECTION 40. Section 83-54-27, Mississippi Code of 1972, is amended as follows:
83-54-27. (1) The commissioner may conduct investigations and/or examinations of insurers and producers to ensure compliance with the provisions of the act or any rule, regulation or order hereunder, as well as under any other applicable statutes or regulations.
(2) The commissioner may by order, deny, suspend or revoke an insurer's certificate of authority or a producer's license if the commissioner finds that such insurer or producer has violated any provision of the act.
(3) If the commissioner has reason to believe that any person or entity is engaging in any activity that would be a violation of this chapter or any rule promulgated under this chapter, the commissioner may issue an order directing that person or entity to cease and desist from committing the violations, impose a civil penalty for the violations, provide an equitable remedy for past violations, or any combination of these. Such order may be issued without prior notice if the commissioner makes a finding that such order is necessary for the protection of policyholders and that the public health, safety and welfare require the order to be issued without prior notice to affected parties. At any hearing or other proceeding conducted as a result of an order to cease and desist, pursuant to this chapter, the person or entity subject to the order shall be required to show cause why such order should be annulled, modified or confirmed.
(4) Whenever it appears to the commissioner that any person or entity has engaged or is about to engage in an act of practice constituting a violation of any provision of this chapter or any rule, regulation or order hereunder, the commissioner may, in the commissioner's discretion, bring an action in chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted.
(5) Additionally, upon a finding that any person or entity has violated a provision of this chapter, the commissioner may impose a civil penalty of not more than One Thousand Dollars ($1,000.00) for each violation, and may revoke, suspend or decline to renew any license of such person or entity to sell or issue insurance.
(6) Any person aggrieved by a final order of the commissioner under this chapter may obtain judicial review of the order in the Court of Appeals within thirty (30) days of the issuance and service of such order, a written petition or complaint praying that said order be modified or set aside. A copy of such petition shall be served upon the commissioner, and the commissioner shall file a complete record of the proceedings with said court, which shall then have jurisdiction of the proceedings and questions determined therein.
SECTION 41. Section 99-41-13, Mississippi Code of 1972, is amended as follows:
99-41-13. Any claimant aggrieved by a final decision of the deputy director of the department shall be entitled to judicial review thereof in the manner provided in this section.
(a) An appeal may be taken by such claimant to the Court of Appeals filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the department. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the deputy director of the department. Upon approval of the bond, the clerk of the court shall notify the department, which shall prepare its record in the matter and transmit it to the circuit court.
(b) The scope of review of the Court of Appeals in such cases shall be limited to a review of the record made before the department to determine if the action of the department is unlawful for the reason that it was:
(i) Not supported by a preponderance of the evidence;
(ii) Arbitrary and capricious; or
(iii) In violation of a statutory right of claimant.
(c) No relief shall be granted based upon the court's finding of harmless error.
(d) Any party aggrieved by action of the Court of Appeals may appeal to the Supreme Court in the manner provided by law.
SECTION 42. Section 71-3-51, Mississippi Code of 1972, is amended as follows:
71-3-51. The final award of the commission shall be conclusive and binding unless either party to the controversy * * *, within thirty (30) days from the date of its filing in the office of the commission * * *, shall appeal therefrom to the Court of Appeals * * *. Notice of the filing of the decision shall be sent by the commission to the parties. The commission shall review and decide a party's claim that timely notice was not received by utilizing by analogy the Mississippi Rule of Appellate Procedure applicable to failure to receive notice of the entry of a judgment.
Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall under its certificate transmit to the Court of Appeals * * * all documents and papers on file in the matter, together with a transcript of the evidence, the findings, and award, which shall thereupon become the record of the cause. If the notice of appeal is mistakenly filed with the clerk of the Court of Appeals, the clerk will note the date on which it was received and transmit the notice to the commission; such notice shall be considered received by the commission on the date received by the clerk of the Court of Appeals. Appeals shall be considered only upon the record as made before the commission. * * * The Court of Appeals shall review all questions of law and of fact. If no prejudicial error is found, the matter shall be affirmed * * *. If prejudicial error is found, the commission's decision shall be reversed and the Court of Appeals shall enter such judgment or award as the commission should have entered or remand for further commission action, as warranted. Review of decisions of the Court of Appeals by the Supreme Court shall be by petition for certiorari as * * * required by law. An appeal from the commission to the Court of Appeals shall not act as a supersedeas unless the court * * * shall so direct, and then upon such terms as the court imposes.
No controversy shall be heard by the commission or an award of compensation made therein while the same matter is pending either before a federal court or in any court in this state. Once judicial review of a commission decision has been completed and no further review is procedurally available, the continuing jurisdiction of the commission and the jurisdiction of any court shall be as otherwise provided by statute.
Any award of compensation made by the Court of Appeals and reviewed by the Supreme Court shall bear the same interest and penalties as do other judgments awarded in the Court of Appeals.
SECTION 43. Section 9-4-3, Mississippi Code of 1972, is amended as follows:
9-4-3. (1) The Court of Appeals shall have the power to determine or otherwise dispose of any appeal or other proceeding assigned to it by the Supreme Court.
Except as otherwise provided by law, the jurisdiction of the Court of Appeals is limited to those matters which have been assigned to it by the Supreme Court.
The Supreme Court shall prescribe rules for appeals by law to the Court of Appeals and for the assignment of other matters to the Court of Appeals. These rules may provide for the selective assignment of individual cases and may provide for the assignment of cases according to subject matter or other general criteria. However, the Supreme Court shall retain appeals in cases imposing the death penalty, or cases involving utility rates, annexations, bond issues, election contests, or a statute held unconstitutional by the lower court.
(2) Except as otherwise provided by law, decisions of the Court of Appeals are final and are not subject to review by the Supreme Court, except by writ of certiorari. The Supreme Court may grant certiorari review only by the affirmative vote of four (4) of its members. At any time before final decision by the Court of Appeals, the Supreme Court may, by order, transfer to the Supreme Court any case pending before the Court of Appeals.
(3) The Court of Appeals shall have jurisdiction to issue writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition or any other process when this may be necessary in any case assigned to it by the Supreme Court or by law.
(4) The Court of Appeals shall issue a decision in every case heard before the Court of Appeals within two hundred seventy (270) days after the final briefs have been filed with the court.
(5) The Supreme Court shall issue a decision in every case within its original jurisdiction, including all direct and post-conviction collateral relief appeals or applications in cases imposing the death penalty, within two hundred seventy (270) days after the final briefs have been filed with the court. The Supreme Court shall issue a decision in every case received on certiorari from the Court of Appeals within one hundred eighty (180) days after the final briefs have been filed with the court.
SECTION 44. This act shall take effect and be in force from and after January 1, 2003.