Mississippi Code

Miss. Code Ann. § 25-9-132 (2026)

Judicial review of employee appeals board decisions

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in the manner provided in this section.

(1) An appeal may be taken by such employee to the circuit court of the principal county of the employee's employment or the Circuit Court of the First Judicial District of Hinds County, by filing a petition with the clerk of such court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, in the penalty of Five Hundred Dollars ($500.00), conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the employee appeals board. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the employee appeals board. Upon approval of the bond, the clerk of the court shall notify the employee appeals board, which shall prepare its record in the matter and transmit it to the circuit court.

(2) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the employee appeals board or hearing officer to determine if the action of the employee appeals 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 employee.

(3) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 25-9-127 through 25-9-129; provided, however, 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.

(4) Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.

(5) In each controversy in which the employee appeals board assumes jurisdiction, the State Personnel Board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing. The State Personnel Board is hereby authorized to contract with certified court reporters to record hearings before the employee appeals board.

Laws, 1984, ch. 468, eff. 5/10/1984.

Notes of Decisions

Cited in 50 cases, 1987–2016 · leading case: Mississippi Dep't of Human Servs. v. McNeel, 10 So. 3d 444 (Miss. 2009).

Sort: Relevance Newest Treatment

Mississippi Dep't of Human Servs. v. McNeel, 10 So. 3d 444 (Miss. 2009). · cites it 8× “See Miss. Code Ann. § 25-9-132 (2) (Rev.2006).”

Gill v. Dept. of Wildlife Conservation, 574 So. 2d 586 (Miss. 1990). · cites it 3× “In the end, the Court said EAB had impermissibly expanded the statutory definition of political discrimination to include "political interference" and had thus exceeded the authority the legislature had granted it.”

Wright v. White, 693 So. 2d 898 (Miss. 1997). · cites it 3× “Review by the circuit court is limited to determinations of whether the EAB's actions are supported by substantial evidence, are arbitrary or capricious, or are in violation of some statutory or constitutional right of the employee. Miss.”

Bertucci v. Dept. of Corr., 597 So. 2d 643 (Miss. 1992). · cites it 4× “Finding no appeal is authorized for an administrative agency pursuant to Miss. Code Ann. § 25-9-132 (Supp. 1990) and that MDOC did not comply with statutory requisites for certiorari, we reverse and vacate the order of the circuit court, and dismiss the appeal for lack of…”

Mississippi Bureau of Narcotics v. Stacy, 817 So. 2d 523 (Miss. 2002). · cites it 2× “shall be limited to a review of the record made before the employee appeals board or hearing officer to determine if the action of the employee appeals board is unlawful for the reason that it was: (a) Not supported by any substantial evidence; (b) Arbitrary or capricious; or…”

Hood v. Dept. of Wildlife Conservation, 571 So. 2d 263 (Miss. 1990). · cites it 2× “" Miss. Code Ann. § 25-9-132 (Supp. 1990). On final review, the employee's administrative remedies thus exhausted, he may before the Circuit Court pursue all avenues of relief Section 1983 makes available.”

Mississippi Forestry Comm'n v. Piazza, 513 So. 2d 1242 (Miss. 1987). · cites it 3× “The pertinent portion of Miss. Code Ann. § 25-9-132 dealing with judicial review is as follows: § 25-9-132.”

Walters v. Miss. Dept. of Econ. & Cmty. Dev., 768 So. 2d 893 (Miss. 2000). · cites it 2× “See also Miss.Code Ann. § 25-9-132 (1999). Miss.Code Ann.”

Holly v. Mississippi Dept. of Corr., 722 So. 2d 632 (Miss. 1998). · cites it 3× “Miss.Code Ann. § 25-9-132 (1991). The petition and bond must be filed within thirty days of receipt of the EAB's final decision.”

Mississippi Transp. Com'n v. Anson, 879 So. 2d 958 (Miss. 2004). “The statutory scope of judicial review of employee appeals board decisions is found in Miss.Code Ann. § 25-9-132 (Rev.2003), which states in pertinent part: (2) The scope of review of the circuit court in such cases shall be limited to review of the record made before the…”

East Mississippi State Hosp. v. Callens, 892 So. 2d 800 (Miss. 2004). “" Miss.Code Ann. § 25-9-132 (Supp.1990). On final review, the employee's administrative remedies thus exhausted, he may before the Circuit Court pursue all avenues of relief Section 1983 makes available.”

Mississippi Dept. of Human Servs. v. McNeel, 869 So. 2d 1013 (Miss. 2004). “Additionally, Miss.Code Ann. § 25-9-132 (Rev.2003) outlines the procedure for review of a state agency's dismissal of an employee: Any employee aggrieved by a final decision of the employee appeals board shall *1017 be entitled to judicial review thereof in the manner provided…”

Show all 50 citing cases →

— Miss. Code Ann. § 25-9-132(1) — 2 cases

Mississippi Dep't of Human Servs. v. McNeel, 10 So. 3d 444 (Miss. 2009). “See Miss. Code Ann. § 25-9-132 (2) (Rev.2006).”

Carter v. State Dep't of Corr., 722 So. 2d 141 (Miss. 1998).

— Miss. Code Ann. § 25-9-132(2) — 9 cases

Mississippi Dep't of Human Servs. v. McNeel, 10 So. 3d 444 (Miss. 2009). “See Miss. Code Ann. § 25-9-132 (2) (Rev.2006).”

Miss. Dept. of Corr. v. Mcclee, 677 So. 2d 732 (Miss. 1996).

Dept. of Wildlife Conserv. v. Browning, 578 So. 2d 667 (Miss. 1991).

Spears v. Dept. of Wildlife, 997 So. 2d 946 (Miss. Ct. App. 2008).

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

— Miss. Code Ann. § 25-9-132(2)(a) — 1 case

McNeel v. Mississippi Dep't of Human Servs., 99 So. 3d 244 (Miss. Ct. App. 2012).

— Miss. Code Ann. § 25-9-132(3) — 2 cases

The Mississippi Dep't of Wildlife, Fisheries v. Gaylon Bradshaw, 196 So. 3d 1075 (Miss. Ct. App. 2016).

Holly v. Mississippi Dept. of Corr., 722 So. 2d 632 (Miss. 1998). “Miss.Code Ann. § 25-9-132 (1991). The petition and bond must be filed within thirty days of receipt of the EAB's final decision.”

— Miss. Code Ann. § 25-9-132(4) — 1 case

Walley v. Mississippi Dep't of Corr., 766 So. 2d 60 (Miss. Ct. App. 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.