29- 250 C.M.R. ch. 2, § 18

Current through 2024-50, December 11, 2024
Section 250-2-18 - Notice of right to appeal; request for stay

Written notice of the person's right to appeal the decision to the Superior Court, of the action required to file or perfect the appeal, and the time within which this action must be taken in order to exercise the rights of appeal must be given with the decision.

Requests for stay of administrative suspension pending appeal to the Superior Court must be made in writing first to the Director of the Division of Legal Affairs, Adjudications and Hearings, Bureau of Motor Vehicles. A stay may be issued only upon showing of irreparable injury to the petitioner, a strong likelihood of success on the merits and no substantial harm to adverse parties or the general public.

The Director or a designee shall issue a prompt response to any request, basing the decision on whether the hearing was conducted in accordance with all applicable rules, regulations and statutes, whether the decision is supported by the evidence, whether an appeal is likely to succeed, and whether the petitioner's prior driving record indicates the petitioner does not present a significant threat to the safety of the motoring public.

29- 250 C.M.R. ch. 2, § 18