Maine Revised Statutes Title 28-A Sec. 805 – Appeal from decision of District Court or bureau
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1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in revoking or suspending any license or certificate of approval issued by the bureau or by refusal of the bureau to issue a license or certificate of approval 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 a suspension or revocation, the effective date of the suspension or revocation; or
(2) In the case of refusal by the bureau to issue a license or certificate of approval, 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 or certificate of approval. [PL 2021, c. 658, §119 (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 2021, c. 658, §119 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 805
- 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.
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2
2. Suspension or revocation suspended pending appeal. The operation of a suspension or revocation of a license or certificate of approval imposed by the District Court must 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 the license or certificate of approval.
[PL 2021, c. 658, §119 (AMD).]
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.
[PL 2021, c. 658, §119 (AMD).]
5. Further appeal. An aggrieved 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 2021, c. 658, §119 (AMD).]
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). PL 2021, c. 658, §119 (AMD).