38.02.190 Judicial Review

Any person whose operator's license or privilege has been suspended, revoked, or denied by the decision of the hearing officer under Section 38.02.180 may appeal within seven days after the date of the hearing under Section 38.02.180 as shown by the date of the hearing officer's decision, section notwithstanding, by serving on the director and filing a notice of appeal and specifications of error in the Tribal Appeals court where the events occurred for which the demand for a test was made. The court shall set the matter for hearing, and the petitioner shall give twenty days notice of the hearing to the director and to the hearing officer who rendered the decision. Neither the director nor the court may stay the decision pending decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the hearing officer who rendered the decision shall file in the office of the clerk of court to which the appeal is taken a certified transcript of the testimony and all additional evidence may be heard. The court shall affirm the decision of the director or hearing officer unless it finds the evidence insufficient to warrant the conclusion reached by the director or hearing officer. The court may direct that the matter be returned to the director or hearing officer for rehearing and the presentation of additional evidence.