Rule 35-101-6.6 - Payment of Cost for Preparation of the Record on AppealA. 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.35 Miss. Code. R. 101-6.6
Miss. Code Ann. § 27-4-3(l)(a)(Rev. 2010)