2010 Mississippi Code
TITLE 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS
Chapter 57 - Liquefied Petroleum Gases.
75-57-117 - Judicial review.

§ 75-57-117. Judicial review.
 

(1)  Any individual aggrieved by a final decision of the board shall be entitled to judicial review. 

(2)  Any appeal from the board's decision shall be filed in the circuit court of the county where the board has its office. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings before the board, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal to the circuit court. 

(3)  The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was: 

(a) Not supported by any substantial evidence; 

(b) Arbitrary or capricious; or 

(c) In violation of some statutory or constitutional right of the individual. 

(4)  No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of this chapter. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court. 

(5)  Any party aggrieved by action of the circuit court may appeal in the manner provided by law. 
 

Sources: Laws,  1995, ch. 475, § 9, eff from and after July 1, 1995.