35 MAC Pt. 101, R. 6.5
Written or Electronic Submissions in Lieu of Appearances not Permitted, but
Cite as 35 Miss. Admin. Code Pt. 101, R. 6.5
Written or Electronic Submissions in Lieu of Appearances not Permitted, but
Submission of Administrative Appeals on Stipulation Allowed.
A. Since the administrative appeals covered by this Chapter require that a record be
made of the hearing before the Board, an appellant may not request to submit his
position to the Board of Tax Appeals in writing or by electronic transmission in lieu
of appearing at a hearing on the appeal. The failure of an appellant and his
designated representative, if any, to appear at the hearing shall constitute an
involuntary withdrawal of the administrative appeal under Rule 4.12(B) above.
B. Notwithstanding subsection A above, if all parties to an administrative appeal under
this Chapter stipulate to the facts and documents in the administrative appeal, the
parties may request that the administrative appeal be submitted to the Board on such
stipulation. The filing with the Executive Director of such a request signed by all
parties shall constitute a waiver by all parties to a formal record hearing before the
Board. If granted, the Executive Director shall set the dates by which the stipulation
of facts and documents signed by all parties is to be filed and the date by which the
written arguments of the parties are to be filed. In such administrative appeal covered
by this Chapter which is submitted on a stipulation, the Board’s consideration of the
facts in this appeal will be limited to those facts set out in the stipulation and in the
stipulated documents and any facts of which it can take judicial notice under Rule
6.2(I) above.
C. The stipulation and the stipulated exhibits filed with the Executive Director in an
administrative appeal submitted to the Board on a stipulation as set out in subsection
B above shall constitute the record made before the Board in the administrative
appeal.