35 Miss. Code. R. 101-4.7 - Contents of Notices of Appeal or Written Objections Filed with Board

A. An appellant filing a written appeal or objection with the Board is required to use the Notice of Appeal or Objection form available from the Executive Director in filing his appeal or objection. The Notice of Appeal or Objection form is to be filled out completely and executed, and a copy of the action from which the appeal is being taken or to which the objection is being made is to be attached to the form. Typically, the document to be attached would be:

1) From an appeal from the decision of the Review Board, the Review Board Order;

2) From an appeal from the decision of an administrative hearing officer, the order of the administrative hearing officer;

3) From an appeal of a decision of the ABC Division, a copy of the notice received from the ABC Division setting out its revocation or suspension of an ABC permit, ABC manager status and/or qualified resort area or its denial of an application for an ABC permit (issuance, transfer or renewal), ABC manager status and/or qualified resort from which the appeal is being filed;

4) From the proposed disposal of alcoholic beverages or raw materials under Miss. Code Ann. § 67-1-18, a copy of the notice received from the ABC Division setting out the proposed disposal of alcoholic beverages or raw material in regard to which a hearing is being requested ;

5) From an ad valorem assessment, a copy of the ad valorem assessment to which objection is being made;

6) From a decision of the Department concerning the examination of the recapitulation of the ad valorem rolls of a county under Miss. Code Ann. § 27-35-113, the notice sent by the Department to the president of the Board of Supervisors under Miss. Code Ann. § 27-35-115 setting out the results of the examination; or

7) From a decision of the Department to deny the objection of a Board of Supervisors to the Department's rejection of an application for homestead exemption, the notice sent by the Department advising the Board of Supervisors of the Department's denial of the objection of the Board of Supervisors;

B. If the person signing the Notice of Appeal or Objection form is not the appellant, but a designated representative of the appellant, a power of attorney authorizing such person to sign the written appeal or objection on behalf of the appellant, to represent the appellant in the administrative appeal and to receive confidential information and/or documents regarding the administrative appeal is also to be attached to the Notice of Appeal or Objection.

C. In addition to those documents required to be attached under subsections A & B above, an appellant may attach to the Notice of Appeal or Objection any other document to support his appeal or objection.

D. If an appellant is appealing from multiple orders of the Review Board or of an administrative hearing officer and a separate Notice of Appeal or Objection is not filed for each order being appealed, the Notice of Appeal or Objection form that is filed shall clearly set out the numbers of all orders being appealed and all orders being appealed are to be attached to the Notice of Appeal or Objection that is filed. Any order of the Review Board or of an administrative hearing officer whose number is not set out in the Notice of Appeal or Objection and which is not attached to the Notice of Appeal or Objection will not be considered as having been appealed to the Board and will not be reviewed by the Board.

E. This rule does not apply to written objections and requests for hearings initially filed with the ABC Division under Miss. Code Ann. § 67-1-72(5) and (6) to an application for the issuance or transfer of an ABC permit and/or for the declaration of a qualified resort area. The manner and form of such written objections and request for hearing shall be determined by the Department.

Notes

35 Miss. Code. R. 101-4.7

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