65-43-79 - Appeal from decision of adjudicative process.
§ 65-43-79. Appeal from decision of adjudicative process.
(1) Any person aggrieved by a final decision of the adjudicative process set forth in Section 65-43-77, may appeal such decision within ten (10) days from the date of the postmark appearing on the notice of final decision mailed to the contestant. The appeal shall be initiated by the filing of a written notice of appeal accompanied by a bill of exceptions which shall embody the facts, order and decision of the adjudicative body and which shall be signed by the party executing the final decision appealed from. The contestant shall file the notice of appeal and bill of exceptions in the circuit court of the county in which the alleged violation took place and the court shall hear and determine the same on the case as presented by the bill of exceptions as an appellate court and shall affirm or reverse the final decision. A copy of that notice and bill of exceptions must be provided to all parties or their attorneys of record and the lower authority whose order or judgment is being appealed. A certificate of service must accompany the written notice of appeal. If the decision be reversed, the circuit court shall render such order or judgment and certify same to that body; and the costs shall be awarded as in other cases. The contents of the adjudicative body's official file in the case, including a copy of the notice of toll evasion violation, shall be made a part of the record on appeal and shall constitute prima facie evidence of the facts stated therein. A copy of the written notice of appeal shall be served by the contestant by certified mail, return receipt requested, upon the adjudicative body by service upon the party executing the final decision.
(2) If no written notice of appeal of the final decision is filed within the period set forth in subsection (1) of this section, the decision shall be deemed final.
(3) If the toll evasion penalty, along with the amount of the unpaid toll, have not been paid and the decision resulting from the judicial review of the final decision is adverse to the contestant, the processing agency may, promptly after the decision becomes final, proceed to collect the penalty.
Sources: Laws, 2008, 1st Ex Sess, ch. 44, § 9, eff from and after passage (approved June 2, 2008.)