MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Marine Resources

By: Representative Ladner

House Bill 828

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 * * * a copy of any order in, 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 * * *orders 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 * * *order 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 * * *order 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 * * *order 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 * * *order 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 * * *order 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 * * *an order a notice of the commission.  Any party aggrieved by * * *an order 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.