Mississippi Code

Miss. Code Ann. § 25-9-131 (2026)

Proceedings before employee appeals board; judicial review; legislative intent

✓ current as of July 2026

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(1) Any employee in the state service may appeal his dismissal or other action adversely affecting his employment status to the employee appeals board created herein. The proceedings before the employee appeals board shall be de novo, and the employee shall be afforded all applicable safeguards of procedural due process. The employee appeals board shall have the authority to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence upon a showing of relevancy or materiality of the witnesses or documents to an appeal pending before the board. Subpoenas so issued shall be delivered to the sheriff of the county where they are to be executed, and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to obey the order of the court may be punished by the court as a contempt thereof. The employee appeals board may modify the action of the department, agency or institution but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with the order issued as a result of the appeal to the employee appeals board.

(2) Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in the manner provided by law.

(3) It is the intent of Sections 25-9-127 through 25-9-131 to supercede and replace any existing statutory procedure conflicting in whole or in part which provides for the discharge of state employees in any state agency.

Laws, 1980, ch. 303, § 9(3)-(5); Laws, 1983, ch. 349, eff. 7/1/1983.

Notes of Decisions

Cited in 45 cases, 1984–2020 · leading case: Hood v. Dept. of Wildlife Conservation, 571 So. 2d 263 (Miss. 1990).

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Hood v. Dept. of Wildlife Conservation, 571 So. 2d 263 (Miss. 1990). · cites it 6× “[2] Hood appealed his discharge to the Mississippi Employee Appeals Board (EAB), see Miss. Code Ann. § 25-9-131 (1) (Supp. 1990).”

Johnson v. Miss. Dept. of Corr., 682 So. 2d 367 (Miss. 1996). · cites it 7× “Johnson appealed her termination to the EAB in accordance with the provisions of Miss. Code Ann. § 25-9-131 (1972) and the Rules of the State Personnel Board (SPB).”

Cindy W. King v. Mississippi Military Dep't, 245 So. 3d 404 (Miss. 2018). “" Miss. Code Ann. § 25-9-131 (1) (Rev. 2010).”

Wright v. White, 693 So. 2d 898 (Miss. 1997). · cites it 2× “Miss. Code Ann. §§ 25-9-131 and 25-9-132 (Supp.”

Mississippi Forestry Comm'n v. Piazza, 513 So. 2d 1242 (Miss. 1987). · cites it 3× “The pertinent portions of Miss. Code Ann. § 25-9-131 setting forth the proceedings before the Employee Appeals Board, and appeal therefrom, are as follows: § 25-9-131.”

Richmond v. Ms. Dept. of Human Servs., 745 So. 2d 254 (Miss. 1999). · cites it 3× “Miss.Code Ann. §§ 25-9-131 and 25-9-132 (Supp.”

Mississippi Dep't of Human Servs. v. McNeel, 10 So. 3d 444 (Miss. 2009). · cites it 2× “Specifically, “the EAB has only limited authority under Miss.Code Ann. § 25-9-131 (1999), and ...”

Tillmon v. Miss. State Dept. of Health, 749 So. 2d 1017 (Miss. 1999). · cites it 2× “On the contrary, Miss.Code Ann. § 25-9-131 states in pertinent part that: .”

Gill v. Dept. of Wildlife Conservation, 574 So. 2d 586 (Miss. 1990). “1990), and then provided in Miss. Code Ann. § 25-9-131 (Supp. 1990), that: Any employee in the state service [5] may appeal his dismissal or other action adversely affecting his employment status to the employee appeals board created herein.”

East Mississippi State Hosp. v. Callens, 892 So. 2d 800 (Miss. 2004). “Upon receiving an adverse decision from the EAB hearing officer, the aggrieved employee did not appeal to the full Board pursuant to Miss.Code Ann. § 25-9-131, but instead filed an original action in state court and was awarded damages by a jury plus an award by the trial judge…”

Mississippi Dept. of Human Servs. v. McNeel, 869 So. 2d 1013 (Miss. 2004). “In pertinent part, Miss.Code Ann. § 25-9-131(1) (Rev.2003) states: Any employee in the state service may appeal his dismissal or other action adversely affecting his employment status to the employee appeals board created herein.”

Hemba v. Mississippi Dept. of Corr., 848 So. 2d 909 (Miss. Ct. App. 2003). · cites it 2× “When an agency has taken disciplinary action against an employee, that person is entitled to review by the Employee Appeals Board under Miss.Code Ann. §§ 25-9-131 (Rev.1999). The proceedings before the Employee Appeals Board shall be de novo, and the employee shall be afforded…”

Show all 45 citing cases →

— Miss. Code Ann. § 25-9-131(1) — 6 cases

McMurtray v. Holladay, 11 F.3d 499 (5th Cir. 1993).

Richmond v. Ms. Dept. of Human Servs., 745 So. 2d 254 (Miss. 1999). “Miss.Code Ann. §§ 25-9-131 and 25-9-132 (Supp.”

Sammy William Ray v. Mississippi Dep't of Pub. Saf., 172 So. 3d 199 (Miss. Ct. App. 2014).

Mississippi Dep't of Corr. v. Pennington, 59 So. 3d 636 (Miss. Ct. App. 2011).

— Miss. Code Ann. § 25-9-131(1)(1999) — 3 cases

Tillmon v. Miss. State Dept. of Health, 749 So. 2d 1017 (Miss. 1999). “On the contrary, Miss.Code Ann. § 25-9-131 states in pertinent part that: .”

Shird v. Mississippi State Dept. of Health, 785 So. 2d 275 (Miss. 2001).

Lorna Shird v. Mississippi Dep't of Mental Health (Miss. 1998).

— Miss. Code Ann. § 25-9-131(3) — 1 case

Moody v. Miss. Dept. of Pub. Saf., 729 So. 2d 1249 (Miss. 1999).

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