Unless such appeal is withdrawn, an appeal tribunal appointed by the executive director, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the findings of fact and initial determination or amended initial determination. The parties shall be duly notified of such tribunal's decision, together with its reasons therefor, which shall be deemed to be the final decision of the executive director unless, within fourteen (14) days after the date of notification of such decision, further appeal is initiated pursuant to Section 71-5-523.
Codes, 1942, § 7382; Laws, 1940, ch. 295; Laws, 1958, ch. 533, § 4c; Laws, 1964, ch. 442, § 1c; Laws, 1977, ch. 448; Laws, 2004, ch. 572, § 41; Laws, 2007, ch. 606, § 16; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 41; reenacted without change, Laws, 2010, ch. 559, § 41; reenacted without change, Laws, 2011, ch. 471, § 42; reenacted without change, Laws, 2012, ch. 515, § 42, eff. 7/1/2012.
Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 43, eff. 4/17/2023.
Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.
Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 41, eff. 4/3/2019.
Notes of Decisions
Emp. SEC. Com'n v. Marion Cty. Sheriff's Dept., 865 So. 2d 1153 (Miss. 2004).
· cites it 6× “MESC asserts three issues on appeal: (1) Whether the Circuit Court of Marion County erred by failing to properly apply Miss.Code Ann. § 71-5-519 (Rev. 2000) to the case at bar; (2) Whether the employer, Marion County Sheriff Richard "Rip" Stringer, failed to show good cause for…”
MESC v. Parker, 903 So. 2d 42 (Miss. 2005).
· cites it 3× “As authority, *44 MESC cites Miss.Code Ann. § 71-5-519 (Rev.2000), which provides: Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the findings of fact and initial…”
Holt v. Mississippi Emp. Sec. Com'n, 724 So. 2d 466 (Miss. Ct. App. 1998).
· cites it 2× “" Miss.Code Ann. § 71-5-519 (Rev.1995). Though the MESC statutes do not define the word that is key for our purposes, the normal definition is that to "`notify' one of a fact is to make it known to him; to inform him by notice.”
City of Tupelo v. Miss. Emp. Sec., 748 So. 2d 151 (Miss. 1999).
· cites it 2× “The City of Tupelo's first and most significant concern is the question of whether its appeal of the Referee's decision to the Board of Review was filed in a timely manner under Miss.Code Ann. § 71-5-519 (1995). That statute reads: Unless such appeal is withdrawn, an appeal…”
Brown v. Miss. Dept. of Emp. Sec., 29 So. 3d 766 (Miss. 2010).
“" Miss.Code Ann. § 71-5-519 (Supp.2009). Similarly, "[a]ny decision of the Board of Review, in the absence of an appeal therefrom as herein provided, shall become final ten (10) days after the date of notification[.”
Southwood Door Co. v. Burton, 847 So. 2d 833 (Miss. 2003).
“As stated in the ruling and pursuant to Miss.Code Ann. § 71-5-519 (2000), the decision of the referee would become final unless an appeal was filed within fourteen days after the notification or mailing of the decision.”
Mississippi Emp. Sec. Com'n v. Parker, 905 So. 2d 613 (Miss. Ct. App. 2004).
“This chronology raises issues of the effect of the July 5 "delivery" of the decision, whether there was "good cause" to relax the deadline, and the effect of the timely appeal to circuit court. ¶ 21. By statute, the appeal from the appeals referee to the Board of Review is to be…”
Onyia v. Mississippi Emp. Sec. Comm'n, 98 So. 3d 1136 (Miss. Ct. App. 2012).
“Miss.Code Ann. § 71-5-519 (Rev.2011). This rule is established by statute, and since MDES is an administrative agency deriving its authority from statute, the statute must be strictly construed and strictly enforced.”
Mississippi Emp. Sec. Comm'n v. Marion Cnty. Sheriff Dep't (Miss. 2002).
· cites it 6× “MESC asserts three issues on appeal: (1) Whether the Circuit Court of Marion County erred by failing to properly apply Miss. Code Ann. § 71-5-519 (Rev. 2000) to the case at bar; (2) Whether the employer, Marion County Sheriff Richard “Rip” Stringer, failed to show good cause for…”
Brown v. Mississippi Dep't of Emp. Sec., 29 So. 3d 766 (Miss. 2010).
“” Miss.Code Ann. §71-5-519 (Supp.2009). Similarly, ”[a]ny decision of the Board of Review, in the absence of an appeal therefrom as herein provided, shall become final ten (10) days after the date of notification^]" Miss.”
Mississippi Emp. Sec. Comm'n v. Alberta Parker (Miss. 2002).
· cites it 3× “As authority, MESC cites Miss. Code Ann. § 71-5-519 (Rev. 2000), which provides: Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the findings of fact and initial…”
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