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MS HB106

Bill

Status

Failed

2/2/2010

Primary Sponsor

Jessica Upshaw

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Allows individuals to seek judicial review in Chancery Court of the First Judicial District of Hinds County if aggrieved by a final decision of the Board of Trustees of the Department of Archives and History.

  • Appeals must be filed within 30 days of notification and require prepayment of estimated costs, preparation of the record, and a $500 bond; if the board's decision is affirmed, the appellant pays court costs.

  • Limits court review to determining if the board's action was unsupported by substantial evidence, arbitrary or capricious, or violated statutory or constitutional rights.

  • Harmless procedural errors do not warrant relief, but prejudicial errors may result in remand for rehearing consistent with court findings.

  • Appeals from chancery court decisions may be further appealed to the State Supreme Court; effective July 1, 2010.

Legislative Description

Department of Archives and History; provide for appeals of board decisions.

Last Action

Died In Committee

2/2/2010

Full Bill Text

No bill text available