§805. Appeal from decision of District Court Judge or bureau

1.  Aggrieved person may appeal within 30 days.  Any person aggrieved by the decision of the District Court Judge in revoking or suspending any license issued by the bureau or by refusal of the bureau to issue any license applied for may, within 30 days of the decision or refusal, appeal to the Superior Court by filing a complaint.

A. The 30-day period for appeal begins on:

(1) In the case of license revocation or suspension, the effective date of the suspension or revocation; or

(2) In the case of refusal by the bureau to issue a license, on the day when the bureau sends by registered or certified mail notice to the applicant at the address of the applicant's business given in the applicant's application for a license.   [PL 1997, c. 373, §82 (AMD).]

B. Filing the complaint in the Superior Court stops the running of the limitation period.   [PL 1987, c. 45, Pt. A, §4 (NEW).]

[PL 1997, c. 373, §82 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2.  Suspension or revocation suspended pending appeal.  The operation of a suspension or revocation of a license imposed by the District Court shall be suspended, pending judgment of the Superior Court, 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 by certified mail to the address given by the licensee at the time of the application for a license.

[PL 1987, c. 45, Pt. A, §4 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

3.  Superior Court hearing.

[PL 2011, c. 559, Pt. A, §32 (RP).]

4.  Superior Court decision.  After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court Judge.

[PL 1987, c. 45, Pt. A, §4 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

5.  Further appeal.  An aggreived person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court may, after consideration, reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law.

[PL 1987, c. 45, Pt. A, §4 (NEW).]

SECTION HISTORY

PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §§81,82 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2011, c. 559, Pt. A, §32 (AMD).