Maine Revised Statutes Title 22 Sec. 1559 – Appeal decision of District Court
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1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending a license issued by the department or by refusal of the department to issue a license applied for may appeal to the Superior Court by filing a complaint within 30 days of the decision or refusal.
A. The 30-day period for appeal begins on:
(1) The effective date of the suspension or revocation in the case of a license revocation or suspension; or
(2) The day when the department sends notice of refusal, by registered or certified mail, to the applicant for a license in the case of refusal by the department to issue a license. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
B. Filing the complaint in Superior Court suspends the running of the 30-day period. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
Terms Used In Maine Revised Statutes Title 22 Sec. 1559
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Person: means an individual, corporation, partnership or unincorporated association. See Maine Revised Statutes Title 22 Sec. 1551
2. Suspension or revocation suspended pending appeal. 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 required in section 1558?A, subsection 3, the operation of a suspension or revocation of a license imposed by the District Court must be suspended, pending judgment of the Superior Court.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); 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, §23 (RP).]
4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
5. Further appeal. An aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court, after consideration, may reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2011, c. 559, Pt. A, §23 (AMD).