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.
