§ 31-41.1-8 - Appellate review.
SECTION 31-41.1-8
§ 31-41.1-8 Appellate review. – (a) Appeals panels. The chief magistrate of the traffic tribunal shallestablish one or more appeals panels, each consisting of three (3) members ofthe traffic tribunal and shall select a presiding member for each appeals panelfrom the members so appointed. No member of the traffic tribunal shall serve asa member of an appeals panel hearing the appeal of a determination by thatmember. The chief judge shall also designate any other personnel of the traffictribunal that may be necessary to assist an appeals panel in carrying out itsfunctions.
(b) Right of appeal. Any person who is aggrieved by adetermination of a judge or magistrate may appeal the determination pursuant tothe provisions of this section.
(c) Appeals panel. Each appeal filed pursuant to thissection shall be reviewed by an appeals panel which shall make a determinationof the appeal, and shall cause an appropriate order to be entered in therecords of the traffic tribunal.
(d) Time limitations. No appeal shall be reviewed ifit is filed more than ten (10) days after notice was given of the determinationappealed from, unless it is determined that failure to file was due toexcusable neglect. Notice shall be complete upon mailing.
(e) Appeal procedures. Any person desiring to file anappeal from an adverse determination pursuant to this section shall do so in aform and manner provided by the clerk of the traffic tribunal. The transcriptof any hearing which formed the basis for the determination will be reviewedonly if it is submitted by the appellant. An appeal shall not be deemed to befinally submitted until the appellant has submitted all forms or documentsrequired to be submitted by the clerk of the traffic tribunal or by thissection.
(f) Standard of review. The appeals panel shall notsubstitute its judgment for that of the judge or magistrate as to the weight ofthe evidence on questions of fact. The appeals panel may affirm the decision ofthe judge or magistrate, or it may remand the case for further proceedings orreverse or modify the decision if the substantial rights of the appellant havebeen prejudicial because the judge's findings, inferences, conclusions ordecisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the judge ormagistrate;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
(g) Transcript of hearings. Transcripts of the recordof any hearing may be obtained at the cost of the traffic tribunal if preparedby the tribunal or at a rate specified in the contract between the court andthe contractor, if prepared by a private contractor.
(h) Fees. The fee for filing an appeal shall betwenty-five dollars ($25.00), and this fee shall be deposited into the generalfund. No appeal shall be accepted unless the required fee has been paid or ifforma pauperis status has been granted.
(i) Stays pending appeal. Whenever a determination hasnot been made within thirty (30) days after an appeal has been finallysubmitted, a stay of execution will be deemed granted by operation of law, andthe license, certificate, permit, or privilege affected will be automaticallyrestored pending final determination by the appeals panel.