MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Business and Financial Institutions

By: Senator(s) Thompson, Sparks

Senate Bill 2624

AN ACT TO AMEND SECTION 73-35-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPEAL TAKEN BY A DEFENDANT FROM AN ADVERSE RULING OR ORDER OF THE MISSISSIPPI REAL ESTATE COMMISSION SHALL ACT AS A SUPERSEDEAS; TO PROVIDE THAT THE SUPERSEDEAS MAY BE IN THE DISCRETION OF THE COURT IN CERTAIN INSTANCES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-35-25, Mississippi Code of 1972, is amended as follows:

     73-35-25.  (1)  Any applicant or licensee or person aggrieved shall have the right of appeal from any adverse ruling or order or decision of the commission to the circuit court of the county of residence of the applicant, licensee or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the commission upon the parties in interest.

     (2)  Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in due course by * * * said the court, without a jury, which shall review the record and make its determination of the cause between the parties.

     (3)  Any order, rule or decision of the commission shall not take effect until after the time for appeal to * * * said the court * * * shall have has expired. * * * In the event If an appeal is taken by a defendant, * * * such the appeal * * * may shall act * * *, in the discretion of the court, as a supersedeas * * * and the court shall dispose of said appeal and enter its decision promptly.  If a license is suspended or revoked for the reasons provided in Section 73-35-21(c), and the rule or decision of the commission expressly states the facts supporting a revocation or suspension on such basis, the appeal may act, in the discretion of the court, as a supersedeas.

     (4)  Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.

     (5)  Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.

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