35 Miss. Code. R. 101-4.6 - Service of Documents Filed With Board

A. Unless otherwise ordered by the Board or provided by statute or other regulation, a copy of all documents filed with the Executive Director and/or the Board in regard to an administrative appeal shall at the time of filing be served upon every other party to the administrative appeal.

B. In regard to a party, other than the Department or the ABC Division, which is not represented in the administrative appeal, service shall be made upon the party.

C. In regard to a party, other than the Department or the ABC Division, which is represented in the administrative appeal by a designated representative, service shall be made upon the designated representative.

D. In regard to the Department or on the ABC Division, service shall be as follows:

1) Until a party is advised by the Executive Director, the Board, a Department attorney or by a filing in the administrative appeal that the Department or the ABC Division is being represented in the administrative appeal by a specific attorney, service on the Department or the ABC Division shall be made upon the Chief Counsel for the Legal Division of the Department.

2) From and after the point that a party is advised by the Executive Director, the Board, an attorney representing the Department or the ABC Division or by a filing in the administrative appeal that the Department or the ABC Division is being represented in the administrative appeal by a specific attorney, service shall be made upon the attorney representing the Department or the ABC Division in the administrative appeal.

E. Service of a document may be made by hand delivery, mail or electronic transmission. Such methods of service shall be accomplished and completed as follows:

1) Service by hand delivery of a document is to be accomplished and completed by the occurrence of one of the following events:

(a) Handing a copy of the document being filed to the person being served, or

(b) By leaving a sealed envelope containing the document being filed and addressed to the person being served at the office or home of that person.

2) Service by mail of a document is to be accomplished by mailing a copy of the document being filed to the person being served. Service by mail is complete upon mailing. Please note however that under Rules 4.4 and 4.5, filing a document with the Executive Director or the Board is not complete upon mailing.

3) Service by electronic transmission is to be accomplished and completed as follows:

(a) Service by electronic transmission is accomplished by faxing a copy of the document being filed to the fax number of the person being served or by e-mailing a copy of the document being filed to the e-mail address of the person being served,

(b) Service by electronic transmission is complete when the electronic equipment being used by the person being served acknowledges receipt of the transmission. If the equipment used by the person being served does not automatically acknowledge receipt of the transmission, service is not complete until the sending party obtains an acknowledgment of receipt of the transmission from the recipient.

F. Filing of an executed certificate of service as part of the document being filed with the Executive Director and/or Board setting out the method and date of service shall be prima facie evidence of the service of the document to which it relates.

Notes

35 Miss. Code. R. 101-4.6

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