As Amended
SEC. 69-25-59. Judicial review.
(1) Any individual aggrieved by a final decision of the Commissioner of Agriculture and Commerce shall be entitled to judicial review.
(2) An appeal from the commissioner's decision shall be filed in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee. The appeal shall be filed within thirty (30) days after notification of the action of the commissioner is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the 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 hearing committee to determine if the action of the commissioner 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 commissioner in complying with the procedural requirements of Secs. 69-25-51 through 69-25-65. In the event that 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 to the State Supreme Court in the manner provided by law.
SOURCES: Laws, 1992, ch. 474, Sec. 5, eff from and after July 1, 1992.