37-905. Appeal of commissioner's decision; board of review; procedures; decision; further appeal

A. Any person who is aggrieved by a decision of the commissioner made pursuant to this chapter may appeal to the board by letter within thirty days after the date of the decision from which the appeal is taken.

B. To have the effect of commencing an appeal as provided for in subsection A, a letter is required to:

1. Identify the decision from which the appeal is taken.

2. State legal grounds for the appeal.

3. List facts to support the grounds for the appeal.

4. Provide any other information specified by the board.

C. Upon receipt of the letter of appeal, the board may:

1. Order the appeal dismissed if it appears to lack merit.

2. Set a date for a hearing on the appeal not more than forty-five days nor less than fifteen days after receipt of the letter of appeal. The board shall notify the commissioner and the person appealing of the date, time and place of the hearing. The board shall conduct the hearing in an informal manner.

D. At the hearing the commissioner or his representative shall present the facts and reasons for reaching the decision being appealed. The person appealing or his representative may present facts and reasons supporting the appeal. If the person appealing or his representative is not present, the board may consider the information set forth in the letter of appeal.

E. After the hearing, if held, the board may dismiss the appeal or take any other action which the board finds to be reasonable and proper. The board shall issue its order as soon as practicable after conducting the hearing.

F. The order of the board under this section is a final decision in a contested case and is subject to judicial review pursuant to title 41, chapter 6, article 10.