Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

22.

Appeals from decision of deciding officer.

22.— (1) Subject to subsection (2) , a CVR test operator or CVR tester whose authorisation has been suspended under section 18 or revoked under section 19 may appeal to the Minister in writing against the decision or part of it taken by a deciding officer within 21 days of the date of the notice of that decision.

(2) An appeal under subsection (1) shall set out the grounds for the appeal and, in the absence of such grounds, the appeal will not be considered.

(3) The Minister shall appoint an officer of a rank that is the same or higher than the deciding officer who made the decision that gave rise to the appeal, to be an appeals officer to consider and decide on the appeal.

(4) The functions of the appeals officer appointed under subsection (3) shall be to consider and make a decision on an appeal made under subsection (1).

(5) Every appeals officer shall, subject to this Part, be independent in the performance of his or her functions.

(6) The decision of an appeals officer and the reasons for making that decision shall be notified to the appellant.

(7) A document purporting to be a decision made under this section by an appeals officer and to be signed by him or her shall be evidence of the making of the decision without proof of the signature of such officer or of his or her official capacity.

(8) The decision of an appeals officer on any appeal referred to him or her under subsection (3) is, subject to subsections (9), (11) and (12), final and conclusive.

(9) Where an appellant has been notified under subsection (6) of the decision of an appeals officer and is dissatisfied with that decision, the appellant may, within 14 days after the date of the notification, appeal against the decision to the judge of the Circuit Court in whose Circuit the appellant resides or principally carries on business.

(10) Where an appellant appeals under subsection (9) the appellant shall at the same time notify the Minister in writing of that appeal.

(11) The decision of the appeals officer under subsection (3) stands suspended until the appeal to the Circuit Court has been determined or withdrawn.

(12) On the hearing of an appeal under subsection (9) in relation to the decision of the appeals officer under subsection (4) , the Court may either confirm the decision or allow the appeal.