Involuntary Withdrawals of Administrative Appeals to the Board

Involuntary Withdrawals of Administrative Appeals to the Board. A. The failure of an appellant and his designated representative, if any, to appear at a scheduled hearing before the Board on his administrative appeal shall constitute an involuntary withdrawal of the administrative appeal. B. Where an appellant has obtained permission under Miss. Code Ann. § 27-77-5(5) to submit his position in writing or by electronic transmission in lieu of attending the hearing on his administrative appeal from a Review Board order under Miss. Code Ann. § 27-77-5, the appellant’s failure to file such submission with the Executive Director by the date specified for such filing or by the date of the hearing when no date is specified will constitute an involuntary withdrawal of the administrative appeal. C. In addition to the failures set out in subsections A and B above, the Board may also determine that an administrative appeal has been involuntary withdrawn if it finds that any other act or failure committed by the appellant constitutes a failure by the appellant to prosecute his appeal. D. Upon a finding by the Board that an administrative appeal has been involuntary withdrawn, the Board shall note on its minutes the involuntary withdrawal of the administrative appeal and state the basis of the withdrawal.