MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Touchstone
AN ACT TO AMEND SECTION 75-71-609, MISSISSIPPI CODE OF 1972, TO REQUIRE A HEARING FOR A SUPERSEDEAS BOND BY CHANCELLOR UPON APPEAL OF ADMINISTRATIVE DECISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-71-609, Mississippi Code of 1972, is amended as follows:
75-71-609.
Judicial review. (a) Petition for judicial review of order; venue;
scope of review. Any person aggrieved by a final order of the
administrator may * * * petition the Chancery Court of the
First Judicial District of Hinds County, Mississippi, * * * for an appeal with supersedeas, by filing in court,
within thirty (30) 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 administrator and
thereupon the administrator shall certify and file in court a copy of the
filing and evidence upon which the order was entered. * * * The
chancellor shall grant a preliminary hearing to determine
the bond amount. The appellant shall be required to post a bond with
sufficient sureties according to law in the amount set by the chancellor.
Appeals may be taken from the chancery court to the Supreme Court in the manner
as now required by law, but if a supersedeas is desired by the party appealing
to the chancery court, that party may apply for the supersedeas to the
chancellor, who shall award a writ of supersedeas, without additional bond, if
in the chancellor's judgment, material damage is not likely to result. If
material damage is likely to result, the chancellor shall require a supersedeas
bond as deemed proper, which shall be liable to the state for any damage.
(b) Scope of Review. The findings of the administrator as to the facts, if supported by competent material and substantial evidence, are conclusive.
( * * *c) Adduction of additional
evidence. If either party applies to the court for leave to adduce
additional material evidence, and shows to the satisfaction of the court that
there were reasonable grounds for failure to adduce the evidence in the hearing
before the administrator, the court may order the additional evidence to be
taken before the administrator and to be adduced upon the hearing in such
manner and upon such conditions as the court considers proper. The
administrator may modify his findings and order by reason of the additional
evidence and shall file in court the additional evidence together with any
modified or new findings or order.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.