§ 31-41.1-9 - Appeals to district court.
SECTION 31-41.1-9
§ 31-41.1-9 Appeals to district court.– (a) Right of appeal. Any person who is aggrieved by a determination ofan appeals panel may appeal the determination pursuant to the provisions ofthis section.
(b) Time limitations. No appeal shall be reviewed ifit is filed more than ten (10) days after notice was given of the determinationappealed from. Notice shall be complete upon mailing.
(c) 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.
(d) Standard of review. The judge of the districtcourt shall not substitute his or her judgment for that of the appeals panel asto the weight of the evidence on questions of fact. The district court judgemay affirm the decision of the appeals panel, or may remand the case forfurther proceedings or reverse or modify the decision if the substantial rightsof the appellant have been prejudicial because the appeals panel's findings,inferences, conclusions or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the appeals panel;
(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.
(e) 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 tribunal andthe contractor, if prepared by a private contractor.
(f) 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.
(g) 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 district court.
(h) Certiorari. Any person who has exhausted allremedies available to him or her under the provisions of this section,including an appeal before the district court, may seek review by petition forwrit of certiorari to the supreme court.