Public Transport Regulation Act 2009

22.

Appeals.

22.— (1) ( a) Subject to paragraph (b) , an applicant for the grant, amendment, renewal or transfer of a licence, or the holder of a licence where a licence is revoked under section 19 (1) (b) , may appeal to the Authority in writing against a decision or part of it taken by a deciding officer under this Part within 21 days of the date of the notice of that decision.

( b) An appeal under paragraph (a) shall set out the grounds for the appeal and, in the absence of such grounds, the appeal will not be considered.

(2) The Chief Executive Officer shall appoint an officer of the Authority 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.

(3) The functions of the appeals officer appointed under subsection (2) shall be to consider and make a decision on appeals made under subsection (1) .

(4) Appeals officers shall, subject to this Part, be independent in the performance of their functions.

(5) ( a) Before considering an appeal under subsection (1) , an appeals officer shall invite submissions in writing from any party who had notified an interest in the original decision that gave rise to the appeal and shall provide such parties with a copy of the appeal made under subsection (1) .

( b) A submission under paragraph (a) must be received by the appeals officer on or before a date specified by that officer (which shall be not less than 14 days after the date of the invitation referred to in paragraph (a) ).

( c) Where submissions are made under paragraph (a) , they shall be copied by the appeals officer to the appellant who may submit observations in writing in relation to such submissions which must be received by the appeals officer on or before a date specified by that officer (which shall be not less than 14 days after the date on which the submissions were copied to the appellant).

(6) ( a) The decision of an appeals officer and the reasons for making that decision shall be notified in writing to the appellant and to any other parties who made a submission under subsection (5) .

( b) 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 prima facie evidence of the making of the decision without proof of the signature of such officer or his or her official capacity.

( c) The decision of an appeals officer on any appeal referred to him or her under subsection (2) , subject to subsections (7), (8) and (9) , is final and conclusive.

(7) ( a) 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 to the judge of the Circuit Court in whose Circuit the appellant resides or principally carries on business against the decision.

( b) Where an appellant appeals to the judge of the Circuit Court under paragraph (a) , the appellant shall at the same time notify the Authority in writing of that appeal.

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

(9) On the hearing of an appeal under subsection (7) in relation to the decision of the appeals officer under subsection (3) , the Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence, the Authority shall, upon notification to it by the Court, grant the licence.