Should a Community Foundation or the Consortium desire to appeal any decision made by MDA concerning this Program, including any award of Program funds, it may do so by giving written notice within twenty (20) calendar days of the date of the MDA notice of decision. Appeals must be written and state with specificity the basis for the Applicant's disagreement with the decision. Appeals are determined solely on the written record. Furthermore, the appeal must provide copies of all documents, records, papers or other information to support the appeal. In addition, all appeals must be dated and provide information as to the authorized representative for the appealing entity. To be accepted, the written appeal must be delivered by one of two methods:
By United States Mail to the following address:
Mississippi Development Authority
Community Foundations Grant Program: Appeals
P.O. Box 849
Jackson, Mississippi 39205
Or by courier mail or hand delivery to the following:
Mississippi Development Authority
Community Foundations Grant Program: Appeals
501 North West Street
Jackson, Mississippi 39201
MDA will review the appeal and all supporting material to determine if the appeal can be resolved based upon the submission and within the Program requirements. If so, a final written determination of the appeal will be issued by MDA. If the appeal cannot be resolved after the initial review, MDA will forward the appeal for review by an Independent Hearing Officer ("IHO"), to be designated by the Attorney General of Mississippi. MDA will provide the IHO with the complete file, the appeal and all supporting material, all program requirements and policies, an MDA explanation of the case, and MDA's recommendation (if any). The IHO will review all of the written materials and issue a written decision to MDA. MDA will review and make a final written determination which will be issued by MDA within ten (10) days of the receipt of the IHO's decision. All appeal determinations made by MDA are final with no further administrative review and are not subject to judicial review.
Program requirements established by MDA as dictated by federal and state law may not be waived or abrogated.
6 Miss. Code. R. 2-1.10