Section 27-120-9.5 - JURISDICTIONA. When an appeal is filed, a presiding hearing officer shall determine whether or not he or she has jurisdiction. If not, the appeal shall be dismissed sua sponte ( of the hearing officer's own will without prompting or suggestion) without any type of hearing. If an appeal is dismissed for lack of jurisdiction and without hearing, the EAB shall return the appellant's $100 filing fee.B. An employee is not permitted to appeal issues which are pending or have been concluded in a separate administrative or judicial forum. Additionally, at any time during an EAB appeal, if an employee appeals issues pending before the EAB in a separate administrative or judicial forum, then it is grounds for dismissal of the EAB appeal. Employees and agencies have an ongoing duty to notify the EAB if an employee appeals the same issues in a separate administrative or judicial forum during the pending EAB appeal.C. Pursuant to Mississippi Code Annotated § 25-9-127, an employee separated from employment due to a curtailment of funds or a reduction in force approved by the MSPB is not permitted to appeal such decision to the MEAB.27 Miss. Code. R. 120-9.5