35 Miss. Code. R. 101-6.1

Current through October 31, 2024
Rule 35-101-6.1 - Administrative Appeals Covered by Chapter

Besides those administrative appeals covered by Chapter 5 above, the Board is also charged with hearing a number of other types of administrative appeals from actions by the Department or the ABC Division which do not involve major tax matters and in regard to which the Board is not prohibited from making an official transcript and the judicial review of the Board's decision will be based on the record before the Board. In these administrative appeals, a complete record of the administrative appeal and of any hearings before the Board in the administrative appeal shall be created and maintained, including the taking down of any testimony at the hearing by a court reporter. This Chapter sets out the procedure to be followed in these types of administrative appeals involving record hearings. Specifically, this Chapter applies to the following administrative appeals:

A. Any appeal from an order of the Review Board or administrative hearing officer regarding the suspension, surrender, seizure and/or revocation of a permit, IFTA license, IRP credential, IRP registration, tag, motor vehicle title or manufactured housing title;
B. Any appeal from a Review Board order regarding the denial of a permit, IFTA license, IRP credential, IRP registration, tag, motor vehicle title or manufactured housing title;
C. Any appeal from a decision of the ABC Division to revoke or suspend an ABC permit, qualified resort area or ABC manager status;
D. Any appeal from a decision of the ABC Division to deny an application for the issuance, transfer or renewal of an ABC permit;
E. Any hearing on a written objection and request for a hearing regarding an application for issuance or transfer of an ABC permit;
F. Any appeal from a decision of the ABC Division to deny the application for a qualified resort area;
G. Any written objection and request for a hearing regarding an application for a qualified resort area;
H. Any appeal from a decisions of the ABC Division to deny an application for ABC manager status;
I. Any written request for a hearing on the proposed disposal of alcoholic beverages or raw materials under Miss. Code Ann. § 67-1-18;
J. Any appeal from a decision of the Department under Miss. Code Ann. § 27-33-41(i) to deny the objection of a board of supervisors to the Department's rejection of an application for homestead exemption; and
K. Any appeal from a decisions of the Department regarding examination of the recapitulation of the assessment rolls of a county under Miss. Code Ann. § 27-35-113.

35 Miss. Code. R. 101-6.1

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