MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Marine Resources
By: Representative Ladner
AN ACT TO AMEND SECTION 49-27-37, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROCEDURE THAT THE MISSISSIPPI COMMISSION ON MARINE RESOURCES USES WHEN IT GRANTS OR DENIES PERMITS DURING REGULARLY SCHEDULED MEETINGS; TO AMEND SECTIONS 49-27-39 AND 49-27-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-27-37, Mississippi Code of 1972, is amended as follows:
49-27-37. (1) The commission
shall send * * *, by and through the department, notice of the
commission's decision regarding issuance, denial, revocation or suspension
of a permit to the parties stated in Section 49-27-17, and such * * * notices must be sent within
ninety (90) days from the receipt of a complete application, or within ninety
(90) days from an amendment to the application as provided by Section 49-27-11(2),
in the case of granting or denying or thirty (30) days from the date of the hearing
in the case of suspension or revocation, unless an extension is requested as
provided in subsection (2) and approved by the commission.
(2) An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
SECTION 2. Section 49-27-39, Mississippi Code of 1972, is amended as follows:
49-27-39. (a) An appeal
may be taken by the applicant, or any person or corporation, municipal
corporation, county or interested community group who has been aggrieved by
such * * * notice,
from the denial, suspension or revocation of a permit or the issuance of a
permit or conditional permit and who has filed written protest or objection as
specified in Sections 49-27-9 through 49-27-21, within thirty (30) days after
the mailing to the parties of the * * * notice of issuance, denial,
suspension or revocation of any such permit, to the chancery court of any
county having jurisdiction over the property which may be affected by any such
proposed activity to be authorized by such permit.
(b) If the court finds that
the * * * notice
appealed from is supported by substantial evidence, consistent with the public
policy set forth in this chapter, is not arbitrary or capricious and does not
violate constitutional rights, it shall affirm the council's * * * notice.
SECTION 3. Section 49-27-41, Mississippi Code of 1972, is amended as follows:
49-27-41. Such appeal shall
be brought by a complaint in writing, stating fully the reasons therefor,
signed by an authorized party, and shall be served at least twelve (12) days
before the return date upon the commission and upon all parties having an
interest adverse to the appellant as designated under subsection (a) of Section
49-27-39. Such appeals shall be brought to the next return day of the court
after the filing of such appeal or may be returned to a day set by fiat of the
court. A cost bond must be posted with sufficient sureties payable to the
state in the sum of not less than One Hundred Dollars ($100.00) nor more than
Five Hundred Dollars ($500.00), to be fixed in the * * * notice appealed from and to be
filed with and approved by the executive director of the commission, who shall
forthwith certify the same, together with a certified copy of the transcription
record of the proceedings in the matter to the chancery court to which the
appeal is taken, which shall thereupon become the record of the cause. An
appeal to the chancery court as provided herein shall not stay the execution of * * * a notice of the commission.
Any party aggrieved by * * * a notice of the commission may petition the chancery
court for an appeal with supersedeas and the chancellor shall grant a hearing
on the petition, and upon good cause shown may grant the appeal with
supersedeas in which case the appellant shall be required to post a bond with
sufficient sureties according to law in an amount to be determined by the
chancellor.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.