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Miss. Code Ann. § 75-76-125

Motion requesting taking of additional evidence by commission; modification of decision or order by commission; standard of review; grounds for reversing decision or order of commission

Known as the Mississippi Gaming Control Act

The act spans §§ 75–75 (152 sections).

Applied in 5 court decisions — leading case 747 So. 2d 231 - MISSISSIPPI GAMING COM'N v. Freeman (1999)

Most recently applied in Bay St. Louis Community Association v. Com'n on Marine Res. (October 2001)

Laws, 1990 Ex Sess, ch. 45, § 63, eff from and after passage (approved June 29, 1990

How often courts cite this section

19952000200120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence before the hearing examiner or the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.

(2) The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.

(3) The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is: In violation of constitutional provisions;

(4) In excess of the statutory authority or jurisdiction of the commission;

(5) Made upon unlawful procedure;

(6) Unsupported by any evidence; or

(7) Arbitrary or capricious or otherwise not in accordance with law.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.