SEC. 69-21-133. Judicial review of board decisions.
(1) Any individual aggrieved by a final decision of the board shall be entitled to judicial review. Any final decision of the board made in a contested licensing or enforcement matter and the final promulgation of regulations by the board shall be memorialized in an order issued by the board.
(2) Any appeal from a final decision of the board shall be filed in the chancery court of the county in which the violation occurred on the record made before the board, including a verbatim transcript of the testimony at the hearing held before the board. The appeal shall be filed within thirty (30) days after execution of the order by the board. The appeal shall be perfected upon filing notice of the appeal with the board and by the prepayment to the board of all costs, including the cost of preparation of the record of the proceedings before the board and the filing of a bond in an amount set by the board, conditioned that if the action of the board is affirmed, the aggrieved party shall pay the costs of the appeal to the court of appeals.
(3) The scope of review of the court of appeals 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 article. 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 chancery court may appeal to the State Supreme Court in the manner provided by law.
SOURCES: Laws, 2002, ch. 301, § 14, HB 866, eff from and after passage (approved Jan. 31, 2002.).
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