6047‑S AMH APPE PERR 08

SSB 6047 ‑ H AMDS TO STRIKING AMENDMENT (H-4397.3)1282 ADOPT3394

By Representative Appelwick

     On page 18, line 32, after "arrest to" strike everything through "46.20.334." on line 34 and insert "in the same manner as an appeal from a decision of a court of limited jurisdiction.  The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer.  A court may stay the suspension, revocation, or denial if it finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.  If the court stays the suspension, revocation, or denial, it may impose conditions on such stay."

EFFECT:  Provides for an appeal of an ALS/R "on the record" (rather than "de novo") to superior court.  Allows the court to stay an ALS/R pending appeal, rather than having the stay be automatic.