Bill Text: MS HB1048 | 2018 | Regular Session | Introduced

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Bill Title: Supersedeas bond; require on appeals for administrative decisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [HB1048 Detail]

Download: Mississippi-2018-HB1048-Introduced.html

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MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary A

By: Representative Touchstone

House Bill 1048

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 * * *obtain a review of the order in petition the Chancery Court of the First Judicial District of Hinds County, Mississippi, * * *by filing in court, within sixty (60) days after the entry of the order, 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.  * * *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 administrator as to the facts, if supported by competent material and substantial evidence, are conclusive. 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.  

     ( * * *(bc)  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.

 * * *(c)  Stay of administrative order under review.  The commencement of proceedings under subsection (a) does not, unless specifically ordered by the court, operate as a stay of the administrator's order.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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