35 MAC Pt. 101, R. 4.6
Service of Documents Filed With Board
Cite as 35 Miss. Admin. Code Pt. 101, R. 4.6
Service of Documents Filed With Board.
A. Unless otherwise ordered by the Board or provided by statute or other regulation, a
copy of all documents filed with the Executive Director and/or the Board in regard to
an administrative appeal shall at the time of filing be served upon every other party to
the administrative appeal.
B. In regard to a party, other than the Department or the ABC Division, which is not
represented in the administrative appeal, service shall be made upon the party.
C. In regard to a party, other than the Department or the ABC Division, which is
represented in the administrative appeal by a designated representative, service shall
be made upon the designated representative.
D. In regard to the Department or on the ABC Division, service shall be as follows:
1) Until a party is advised by the Executive Director, the Board, a Department
attorney or by a filing in the administrative appeal that the Department or the
ABC Division is being represented in the administrative appeal by a specific
attorney, service on the Department or the ABC Division shall be made upon
the Chief Counsel for the Legal Division of the Department.
2) From and after the point that a party is advised by the Executive Director, the
Board, an attorney representing the Department or the ABC Division or by a
filing in the administrative appeal that the Department or the ABC Division is
being represented in the administrative appeal by a specific attorney, service
shall be made upon the attorney representing the Department or the ABC
Division in the administrative appeal.
E. Service of a document may be made by hand delivery, mail or electronic
transmission. Such methods of service shall be accomplished and completed as
follows:
1) Service by hand delivery of a document is to be accomplished and completed
by the occurrence of one of the following events:
(a) Handing a copy of the document being filed to the person being
served, or
(b) By leaving a sealed envelope containing the document being filed and
addressed to the person being served at the office or home of that
person.
2) Service by mail of a document is to be accomplished by mailing a copy of the
document being filed to the person being served. Service by mail is complete
upon mailing. Please note however that under Rules 4.4 and 4.5, filing a
document with the Executive Director or the Board is not complete upon
mailing.
3) Service by electronic transmission is to be accomplished and completed as
follows:
(a) Service by electronic transmission is accomplished by faxing a copy of
the document being filed to the fax number of the person being served
or by e-mailing a copy of the document being filed to the e-mail
address of the person being served.
(b) Service by electronic transmission is complete when the electronic
equipment being used by the person being served acknowledges
receipt of the transmission. If the equipment used by the person being
served does not automatically acknowledge receipt of the
transmission, service is not complete until the sending party obtains an
acknowledgment of receipt of the transmission from the recipient.
F. Filing of an executed certificate of service as part of the document being filed with
the Executive Director and/or Board setting out the method and date of service shall
be prima facie evidence of the service of the document to which it relates.