35 MAC Pt. 101, R. 4.10
Time Period for Filing Appeals or Written Objections
Cite as 35 Miss. Admin. Code Pt. 101, R. 4.10
Time Period for Filing Appeals or Written Objections.
A. The time periods in which the written appeals or objections have to be filed with the
Executive Director are set out by statute and vary depending on the type of
administrative appeal involved. These filing periods are as follows:
1) A written appeal under Miss. Code Ann. § 27-77-5 from a Review Board
order, which would involve a tax assessment, a tax refund claim or the denial
of a waiver of tag penalty, shall be filed with the Executive Director within
sixty (60) days from the date of the Review Board order being appealed;
2) A written appeal under Miss. Code Ann. § 27-77-9 or § 27-77-12 from a
Review Board order or from an order of an administrative hearing officer,
which would involve a suspension, surrender, seizure or revocation of a
permit (excluding ABC permits), IFTA license, IRP registration, IRP
credentials, tag or title, shall be filed within thirty (30) days from the date of
the Review Board order or the order of the administrative hearing officer
being appealed;
3) A written appeal under Miss. Code Ann. § 27-77-11 from a Review Board
order, which would involve the denial of an application for a permit
(excluding ABC permits), IFTA license, IRP registration, tag or title, shall be
filed within thirty (30) days from the date of the Review Board order being
appealed;
4) A written appeal under Miss. Code Ann. § 27-33-41 from the Department’s
rejection of the objection of a Board of Supervisors to the Department’s
disallowance of homestead exemption application shall be filed within thirty
(30) days from the date of the written notice to the Board of Supervisor of the
Department’s rejection of the objection of the Board of Supervisors;
5) A written appeal by a Board of Supervisors under Miss. Code Ann. § 27-35-
113 from the decision of the Department regarding the Department’s
examination of the recapitulations of the county’s assessment rolls shall be
filed with the Executive Director within thirty (30) days from the date of the
notice of the results of the Department’s examination as provided for at Miss.
Code Ann. § 27-35-115;
6) A written objection under Miss. Code Ann. § 27-35-309, § 27-35-325, § 27-
35-501 or §27-35-703 to an ad valorem assessment shall be filed with the
Executive Director within thirty (30) days from the date of the assessment to
which the objection is being made;
7) Except as provided in subsection (8) below, a written appeal under Miss. Code
Ann. § 67-1-72 from an action of the ABC Division in regard to an ABC
permit, ABC manager status, qualified resort area or the disposal of alcoholic
beverages or raw materials under Miss. Code Ann. § 67-1-18 shall be filed
within fifteen (15) days from the date of receipt of notice of the action being
appealed; and
8) A written appeal under Miss. Code Ann. § 67-1-72(4) from the decision of the
ABC Division to revoke approval of a qualified resort area where the
appellant did not receive written notice of the revocation but was advised of
such revocation by publication by the ABC Division or the Department shall
be filed with the Executive Director within fifteen (15) days from the date that
notice of revocation of approval of the qualified resort area was first
published.
B. Failure to file with the Executive Director a written appeal or objection within the
time periods described above shall result in the order, decision, action or ad valorem
assessment becoming final.
C. Since a written objection and request for hearing on an application for the issuance or
transfer of an ABC permit under Miss. Code Ann. § 67-1-72(5) or on an application
for approval of a qualified resort area under Miss. Code Ann. § 67-1-72(6) is initially
filed with the ABC Division, any rule concerning the form and time period for filing
such written objection and request for hearing is within the authority of the
Department to promulgate.