22 §1559. Appeal decision of District Court
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 262-A: RETAIL TOBACCO SALES HEADING: PL 1995, C. 470, §9 (NEW)
Subchapter 3: FINES, REVOCATION AND SUSPENSION HEADING: PL 1995, C. 470, §9 (NEW)
§1559. Appeal decision of District Court
1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending a license issued by the department or by refusal of the department to issue a license applied for may appeal to the Superior Court by filing a complaint within 30 days of the decision or refusal.
A. The 30-day period for appeal begins on:
(1) The effective date of the suspension or revocation in the case of a license revocation or suspension; or
(2) The day when the department sends notice of refusal, by registered or certified mail, to the applicant for a license in the case of refusal by the department to issue a license. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]
B. Filing the complaint in Superior Court suspends the running of the 30-day period. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]
[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
2. Suspension or revocation suspended pending appeal. If the licensee files an appeal in the Superior Court and notifies the District Court that the appeal has been filed within 7 days of the mailing of the decision of the District Court required in section 1558-A, subsection 3, the operation of a suspension or revocation of a license imposed by the District Court must be suspended, pending judgment of the Superior Court.
[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
3. Superior Court hearing. The Superior Court shall fix a time and place for an immediate hearing and notify the District Court of the hearing.
[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court.
[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
5. Further appeal. An aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court, after consideration, may reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law.
[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]
SECTION HISTORY
1995, c. 470, §19 (AFF). 1995, c. 470, §9 (NEW). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF).