35 MAC Pt. 101, R. 6.1
Administrative Appeals Covered by Chapter
Cite as 35 Miss. Admin. Code Pt. 101, R. 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.