Within ten (10) days after the decision of the Board of Review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action, in the circuit court of the county in which the plaintiff resides, against the department for the review of such decision, in which action any other party to the proceeding before the Board of Review shall be made a defendant. In cases wherein the plaintiff is not a resident of the State of Mississippi, such action may be filed in the circuit court of the county in which the employer resides, the county in which the cause of action arose, or in the county of employment. In such action, a petition which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the department or upon such person as the department may designate, and such service shall be deemed completed service on all parties; but there shall be left with the party so served as many copies of the petition as there are defendants, and the department shall forthwith mail one (1) such copy to each such defendant. With its answer, the department shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review's findings of fact and decision therein. The department may also, in its discretion, certify to such court questions of law involved in any decision. In any judicial proceedings under this section, the findings of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases. An appeal may be taken from the decision of the circuit court of the county in which the plaintiff resides to the Supreme Court of Mississippi, in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases. It shall not be necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond shall be required for entering such appeal. Upon the final determination of such judicial proceeding, the Board of Review shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the Board of Review shall so order.
Codes, 1942, § 7388; Laws, 1940, ch. 295; Laws, 1958, ch. 533, § 4i; Laws, 1964, ch. 442, § li; Laws, 1996, ch. 464, § 4; Laws, 2004, ch. 572, § 45; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 45; reenacted without change, Laws, 2010, ch. 559, § 45; reenacted without change, Laws, 2011, ch. 471, § 46; reenacted without change, Laws, 2012, ch. 515, § 46, eff. 7/1/2012.
Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 47, eff. 4/17/2023.
Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.
Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 45, eff. 4/3/2019.
Notes of Decisions
Huckabee v. Mississippi Emp. Sec. Com'n, 735 So. 2d 390 (Miss. 1999).
· cites it 3× “Miss.Code Ann. § 71-5-531( Supp. 1998) governs the standard of review for appealing a Mississippi Employment Security Commission (hereinafter "MESC") Board of Review decision to the circuit court and the Mississippi Supreme Court.”
Raiola v. Chevron USA, Inc., 872 So. 2d 79 (Miss. Ct. App. 2004).
· cites it 2× “Miss. Code Ann. § 71-5-531 (Rev.2000). As noted above, Raiola initially appealed the Board of Review's decision to the Circuit Court of Jackson County but later requested and was granted a voluntary dismissal.”
Booth v. Emp. Sec. Com'n, 588 So. 2d 422 (Miss. 1991).
· cites it 2× “the findings of the [B]oard ... as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said [circuit] court shall be confined to questions of law.”
Jason Alston v. Mississippi Dep't of Emp. Sec., 247 So. 3d 303 (Miss. Ct. App. 2017).
· cites it 2× “See Miss. Code Ann. § 71-5-531 . 8 Alston also argues a denial of due process because of numerous minor formatting errors with the ALJ’s and Board’s decisions.”
Hoerner Boxes, Inc. v. MESC, 693 So. 2d 1343 (Miss. 1997).
· cites it 2× “Miss. Code Ann. § 71-5-531 governs the standard of review for appealing the MESC Board of Review decision to the circuit court and the Mississippi Supreme Court.”
City of Clarksdale v. Mississippi Emp. SEC. Com'n, 699 So. 2d 578 (Miss. 1997).
· cites it 2× “Judicial review of a decision of the Board of Review is also governed by Miss. Code Ann. § 71-5-531 (1995). Section 71-5-531 reads in pertinent part as follows: In any judicial proceedings under this section, the findings of the board of review as to the facts, if supported by…”
Johnson v. Mississippi Emp. SEC. Com'n, 761 So. 2d 861 (Miss. 2000).
· cites it 2× “Miss.Code Ann. § 71-5-531 (Supp.1999) governs the standard of review for appealing a Mississippi Employment Security Commission Board of Review decision to the circuit court and to this Court.”
Gordon v. Mississippi Emp. Sec. Com'n, 864 So. 2d 1013 (Miss. Ct. App. 2004).
· cites it 3× “The issue before us is whether Riley Hospital presented substantial, clear and convincing evidence that Gordon was terminated for misconduct as that term is defined in our statutory and decisional law, thereby undergirding the MESC's decision to deny unemployment compensation…”
Gilbreath v. Mississippi Employ. Sec. Com'n, 910 So. 2d 682 (Miss. Ct. App. 2005).
· cites it 2× “" Miss.Code Ann. § 71-5-531 (Rev.2000). The court in Allen stated: This court's standard of review of an administrative agency's findings and decisions is well established.”
Stafford v. True Temper Sports, 123 F.3d 291 (5th Cir. 1997).
“Miss.Code Ann. § 71-5-531(1996 Supp.). Any concerns about lack of oversight or lack of local preclusive effect are misplaced, indeed.”
Shannon Eng. & Const., Inc. v. Emp. SEC. Com'n, 549 So. 2d 446 (Miss. 1989).
“the findings of the [B]oard ... as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.”
— Miss. Code Ann. § 71-5-531(1995) — 1 case
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.