Mississippi Code
Miss. Code Ann. § 25-43-3 (2026)
[Repealed]
✓ current as of July 2026
Laws, 1976, ch. 487, § 2; Laws, 1995, ch. 499, § 2, eff from and after passage (approved March 28, 1995), eff from and after July 1, 2005; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Notes of Decisions
Cited in 13
cases, 1982–2020 · leading case: Fordice v. Thomas, 649 So. 2d 835 (Miss. 1995).
Fordice v. Thomas, 649 So. 2d 835 (Miss. 1995). “Before reaching the cases cited by the parties, this Court should consider Miss. Code Ann. § 25-43-3 (a). It states: "Agency" means each state board, commission, department or officer, other than the legislature and the courts, authorized by law to make rules or to determine…”
Barbour v. State, 974 So. 2d 232 (Miss. 2008). “Section 25-43-3 of the Mississippi Code provides: "`Agency' means each state board, commission, department or officer, other than the Legislature, the Governor and the courts, authorized by law to make rules or to determine contested cases." Miss.”
Watkins v. Mississippi Bd. of Bar Admissions, 659 So. 2d 561 (Miss. 1995). “Examinees argue that by definition, the Board is a state agency because Section 25-43-3 defines agency as "every state board, commission, department or officer, other than the legislature and the Courts, authorized by law to make rules or to determine contested cases.”
USPCI of Miss. v. State Ex Rel. McGowan, 688 So. 2d 783 (Miss. 1997). “The Legislature responded to our decision in Fordice by amending the definition of "agency" in Miss. Code Ann. § 25-43-3 to exempt the Governor from the requirements of § 25-43-5 and other requirements of the Administrative Procedure Act, effective from and after passage on…”
Eidt v. City of Natchez, 421 So. 2d 1225 (Miss. 1982). “We have imposed one pole-star requirement upon administrative agencies when hearing a "contested case" [See Miss. Code Ann. § 25-43-3 (b) (Supp. 1981)]: any decision of any administrative board or agency must be based upon substantial evidence appearing in the record.”
Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982). “3; Miss.Code Ann. § 25-43-3(f); Mo. Ann.Stat.”
Dept. of Wildlife Conserv. v. Browning, 578 So. 2d 667 (Miss. 1991). “1982), this Court held: We have imposed one pole-star requirement upon administrative agencies when hearing a "contested case" [See Miss. Code Ann. § 25-43-3 (b) (Supp. 1981)]: any decision of any administrative board or agency must be based upon substantial evidence appearing…”
Davis v. Mann, 721 F. Supp. 796 (S.D. Miss. 1988). “See Miss.Code Ann. § 25-43-3(b) (Supp.1986). Plaintiff has cited no cases which apply the MAPL to a student disciplinary proceeding.”
In Re Miss. Jud. Info. Sys., 533 So. 2d 1110 (Miss. 1988). “1988) (Judicial Branch excluded as agency for purposes of purchasing laws); MCA § 25-43-3 (Supp. 1988) (Judicial Branch excluded from agency definitions for purposes of administrative procedures); MCA § 25-59-3 (Supp.”
Methodist Specialty Care Ctr. v. Mississippi Div. of Medicaid & Drew Snyder, in his Off. capacity as Dir. of the Mississippi Div. of Medicaid (Miss. 2020). ““The [DOM] is an agency as defined under Section 25-43-3 and, therefore, must comply in all respects with the Administrative Procedures Law, Section 25-43-1 et seq.”
Haley Barbour v. State of Mississippi (Miss. 2008). “” Miss. Code Ann. §25-43-3 (a) (Rev. 2006).”
USPCI of MS Inc v. State of MS (Miss. 1994). “The Legislature responded to our decision in Fordice by amending the definition of "agency" in Miss. Code Ann. § 25-43-3 to exempt the Governor from the requirements of § 25-43-5 and other requirements of the Administrative Procedure Act, effective from and after passage on…”
— Miss. Code Ann. § 25-43-3(a) — 3 cases
Fordice v. Thomas, 649 So. 2d 835 (Miss. 1995). “Before reaching the cases cited by the parties, this Court should consider Miss. Code Ann. § 25-43-3 (a). It states: "Agency" means each state board, commission, department or officer, other than the legislature and the courts, authorized by law to make rules or to determine…”
Barbour v. State, 974 So. 2d 232 (Miss. 2008). “Section 25-43-3 of the Mississippi Code provides: "`Agency' means each state board, commission, department or officer, other than the Legislature, the Governor and the courts, authorized by law to make rules or to determine contested cases." Miss.”
Watkins v. Mississippi Bd. of Bar Admissions, 659 So. 2d 561 (Miss. 1995). “Examinees argue that by definition, the Board is a state agency because Section 25-43-3 defines agency as "every state board, commission, department or officer, other than the legislature and the Courts, authorized by law to make rules or to determine contested cases.”
— Miss. Code Ann. § 25-43-3(b) — 1 case
Davis v. Mann, 721 F. Supp. 796 (S.D. Miss. 1988). “See Miss.Code Ann. § 25-43-3(b) (Supp.1986). Plaintiff has cited no cases which apply the MAPL to a student disciplinary proceeding.”
— Miss. Code Ann. § 25-43-3(f) — 2 cases
Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982). “3; Miss.Code Ann. § 25-43-3(f); Mo. Ann.Stat.”
Mississippi State Tax Comm'n v. Anthony Viola (Miss. 1993).
Annotations are extracted automatically from the opinions in the
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