Section 15-22-11.2 - Appeal of Final Decisions or Orders11.2.1 Any person or entity who disagrees with or is aggrieved by the Final Decision or Final Order of the Department concerning the imposition of fine(s) and/or other sanction(s), including but not limited to, denial of an application for licensure, suspension, or revocation of a license may appeal same in the circuit court of the county in which he/she resides. If the aggrieved party is a nonresident of this state, he/she may appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appeal shall be filed no later than twenty (20) calendar days after the issuance of the Final Decision or Order by the Department.11.2.2 The review by the circuit court shall be based on the record made before the Department. Before filing an appeal petition in circuit court, the appellant shall obtain from the Department an estimate of the cost to prepare the entire record of the Department and shall pay to the Department the amount of the estimate. The circuit court shall dismiss with prejudice any petition filed where it is shown that the petitioner failed to pay prior to filing the petition the estimated cost for preparation of the record. On appeal to the circuit court, appellant shall have the burden of proving that the decision of the Department was: (a) arbitrary or capricious;(b) unsupported by substantial evidence; (c) beyond the power of the administrative agency to make; or(d) violated some statutory or constitutional right of the licensee/aggrieved party.11.2.3 Any person or entity aggrieved by the decision of the circuit court may appeal to the Mississippi Supreme Court.11.2.4 If a medical cannabis establishment is allowed to continue to operate during the appeal process, it will remain under the regulation of the Department and will be subject to all current licensure regulations to include, but not limited to, inspection of the facility, review of facility and/or records, submission of all required or requested documents, and payment of all applicable fees and/or monetary penalties. However, the medical cannabis establishment may not dispense, transfer or sell cannabis during this period.11.2.5 A cannabis testing entity may continue to possess cannabis under its license during a suspension but shall not receive, transfer or test cannabis during the suspension period.15 Miss. Code. R. 22-11.2
Miss. Code Ann. §§ 41-137-1 - 41-137-67.