Section 280-RICR-30-05-3.13 - Appeal ProceduresA. Any person whose license has been suspended on physical fitness grounds or whose application for disability parking privileges, operating privileges as an operator or chauffeur, or for a special bus permit, has been denied, and who has received an Official Notice of such decision, may request a hearing to appeal such denial or suspension by filing a written request for a hearing within twenty (20) days of the date of the Official Notice. Hearing requests shall be sent to the Division of Motor Vehicles, Operator Control, 286 Main Street, Pawtucket, RI 02860.B. Upon receipt of a timely request for a hearing on such a license suspension or a denial of an application for operating privileges and/or special parking privilege license plates, the Office of Operator Control shall schedule a hearing, to be held within twenty (20) days of the receipt of such request, and shall provide notice of the hearing time and date to the party requesting the hearing via regular mail.C. At the hearing on the appeal, the burden of proof shall be on the appellant to show by a preponderance of evidence that the Medical Advisory Board's decision on such application or suspension was erroneous in light of the reliable medical evidence and documentation provided as a part of the application or appeal.D. The hearing on the appeal shall be conducted by an agent of the Division of Motor Vehicles, who shall record or summarize the basis of the appeal, and then forward the same to the Medical Advisory Board for further consideration if additional evidence has been submitted for review, or to the Deputy Director for Motor Vehicles if no additional evidence has been submitted.E. The Medical Advisory Board shall review the record on any appeal remanded to it by the Hearing Officer, and shall issue a recommendation on the appeal to the Deputy Director for Motor Vehicles, or his/her designated agent. After the Board's recommendation on any such appeal has been reviewed, or when the Deputy Director makes a determination on Appeals directed to him/her, a final decision shall be sent by regular mail to the applicant/appellant.F. Any party aggrieved by a decision of the Deputy Director for Motor Vehicles may bring an appeal to the Sixth Division District Court in the manner provided by the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1, et seq.280 R.I. Code R. 280-RICR-30-05-3.13
Adopted effective 12/31/2018