35 Miss. Code. R. 101-6.6 - Payment of Cost for Preparation of the Record on Appeal
A. Any appellant appealing from an order of
the Board to Court in regard to an administrative appeal covered by this
Chapter, before filing his appeal in Court, shall pay to the Executive Director
the amount of the estimate provided by the Executive Director to the appellant
of the cost of preparing the entire record of the administrative appeal before
the Board.
B. If upon preparation
of the record, it is determined that the actual cost of preparation is
different than the amount of the estimate, the Executive Director shall provide
the appellant with notice, in writing, of any deficiency or shall refund to the
appellant any overpayment. The appellant is to pay the deficiency within thirty
(30) days from the date of the notice of the deficiency. Failure of an
appellant to pay the estimate before filing his appeal or to pay the deficiency
within the thirty (30) days provided may result in his appeal to Court being
dismissed with prejudice.
C. If the
Department or the ABC Division appeals from an order of the Board to Court in
regard to an administrative appeal covered by this Chapter, the Executive
Director, after preparation of the record, shall bill the Department or the ABC
Division with the cost of such record preparation or a proportional share of
such cost if the appellant also appealed from the Board order. When billed, the
Department or the ABC Division shall promptly pay the cost of preparation of
the record, but the Department or the ABC Division will not be required to pay
the estimate of the cost of preparation of the record before filing an appeal
to Court.
Notes
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