§ 34-4-33 — Appeals; Costs

(a) Findings of the board with regard to the denial, suspension, or revocation of a license or the imposition of any penalty or administrative fine shall be final unless within 30 days after the date of the final order of the board, the applicant or licensee files a notice of appeal with the board to the Circuit Court of Montgomery County. The person appealing the decision shall post a two hundred dollar ($200) cost bond with the board to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the board or the court on a showing of substantial hardship. The appeal shall be conducted in accordance with the Administrative Procedure Act, and with all the attendant rights and duties thereof.
(b) If the decision of the board is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the board is not affirmed, the court shall tax the costs of appeal against the board.

Legislative History

(Act 98-271, p. 440, §2; Act 2021-438, §1.)