30 Miss. Code. R. 1601-5.9 - Appeals of Commission Orders/Rulings

A. An applicant, Respondent/licensee or other person aggrieved of an adverse order, ruling or decision of the Commission, or Administrative Hearing Officer, shall have the right to appeal 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 final Order or action of the Commission.

B. Satisfactory bond in the amount of Five Hundred Dollars ($500) shall be posted with the court upon filing of any appeal for the payment of any costs which may be adjudged against Appellant applicant or licensee(s).

C. Filing, docketing and procession of appeals shall follow the requirements set forth in Miss. Code Ann. § 73-35-25, other applicable laws, and the Uniform Circuit and County Court Rules (U.C.C.C.R.).

D. Any order, rule or decision of the Commission or Administrative Hearing Officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant or Respondent/licensee, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the Commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the Commission's showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.

E. Actions taken by the Commission in suspending a license when required by Miss. Code Ann. § 93-11-157 or § 93-11-163 are not actions from which an appeal may be taken pursuant to these Rules. Appeals of such actions are governed by § 93-11-157 or § 93-11-163.

Notes

30 Miss. Code. R. 1601-5.9

Miss. Code Ann. § 73-35-25, § 73-35-35 (1972, as amended).

Adopted 8/15/2022