§ 5-37-7 - Appeal from the decision of the director.
SECTION 5-37-7
§ 5-37-7 Appeal from the decision of thedirector. – (a) Any person whose license or limited registration to practice medicine hasbeen revoked or suspended by the director or board, or is aggrieved by thedecision of the board and/or director, has the right of judicial review of thedecision of the board and director. This review shall be initiated by servingon the director a notice of appeal and filing such notice of appeal with acomplaint in accordance with the rules of civil procedure in the superior courtwithin thirty (30) days after the decision of the director.
(b) The director shall, within twenty (20) days after theservice of the notice of appeal, transmit to the clerk of the superior court towhich the appeal is taken, a transcript of the record of the board certifiedunder the seal of the board, together with a certified copy of the board'swritten findings, all of which shall be admissible as evidence.
(c) The findings of the board and/or director shall be finaland conclusive, subject to review in the superior court pursuant to theAdministrative Procedures Act, chapter 35 of title 42. Any appeal taken to thesuperior court shall have precedence on the calendar, be considered anemergency matter, and shall be heard in any event not later than thirty (30)days from the date of appeal when practicable. There shall be no stay pendingthe appeal of any sanction imposed by the director unless it is determined thatthe matter cannot be placed on the court's docket within the specified time.Except as provided in this chapter, appeals follow the procedures establishedin the Administrative Procedures Act in chapter 35 of title 42.