35 Miss. Code. R. 101-4.16 - Consolidations

A. The hearing on a written objection and request for hearing under Miss. Code Ann. § 67-1-72(5) and/or (6) in regard to the application for issuance or transfer of an ABC permit and/or the declaration of an area or locality as a qualified resort area shall be consolidated with the hearing on any timely appeal from the denial by the ABC Division of the issuance, transfer and/or declaration of the ABC permit and/or qualified resort area to which the written objection was made.

B. The Executive Director may consolidate two or more administrative appeals for hearing purposes if he determines that the appellants in these administrative appeals are the same person or related persons and have common representation. The Executive Director may also consolidate administrative appeals filed by unrelated appellants if he determines such consolidation will expedite or simplify consideration of the issues in these administrative appeals, and such consolidation will not prejudice a party or violate any confidentiality statutes.

C. The Executive Director shall advise all affected parties of the consolidation in writing. Such notification may be included in the notice setting the hearing. Except for the consolidation set out in subsection A above, which is mandated by statute, a party may file a written objection with the Executive Director to the consolidation within ten (10) days from the date of the written notification of the consolidation. Failure to file the written objection within this ten (10) day time period shall constitute consent to the consolidation.

D. Administrative appeals may also be consolidated for hearing purposes if all parties to the administrative appeals proposed to be consolidated consent to such consolidation.

Notes

35 Miss. Code. R. 101-4.16

Miss. Code Ann. § 27-4-3(l)(a)(Rev. 2010)