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Instructions to Appellant

The Review Board has established certain deadlines for filing exhibits, requesting subpoenas for witnesses, and other procedural matters that are to be completed before your hearing date.

At least 21 calendar days prior to the scheduled appeal date, you, or your attorney, must provide to the Review Board and the Department’s Representative, the following:

  1. a brief statement of the factual and legal basis for the appeal;
  2. a list of witnesses you will require at the appeal; and
  3. a list of the exhibits (documentary evidence) you will provide to the Review Board and to the Department in support of your appeal.

A subpoena is not required for either of the following: the production at the hearing of any specifically identified document held by the Department; or the presence of any current Department employees in the hearing.  If you request the Review Board Secretary to issue a subpoena for anyone or for any document, you must include two checks as follows: one made out to the individual subpoenaed which must cover the cost of mileage from the place of residence to the location of the hearing and back  (mileage must be paid at the rate of $0.565 per mile); and the second for $12.00, made out to the sheriff of the jurisdiction in which the subpoena is to be served.  The Review Board’s Secretary shall then issue the appropriate subpoena upon the authority of the presiding officer. 
A least nine (9) calendar days before the appeal hearing, you must deliver ten (10) copies of your exhibits to the Review Board Secretary.  You must deliver these exhibits by U.S. Mail or other express mail carrier.  You cannot comply with this deadline by emailing the exhibits to the Review Board Secretary.  Upon receipt of your exhibits, the Review Board Secretary shall mail the exhibits to the individual Board members.

At the appeal hearing, each party may submit rebuttal exhibits and proposed Findings of Fact and Conclusions of Law to the presiding officer.  You should provide sufficient copies for any rebuttal exhibits or other proper submissions for each Review Board member and for the Department’s Representative. 

The Review Board will, upon your written request to the Review Board’s Secretary, continue (i.e. postpone) your hearing to the next available or a mutually agreeable date with the Department.  Once your hearing has been scheduled a second time, the Review Board may, upon written request and for good cause shown, continue your hearing to the next available date or mutually agreeable date on its calendar.  Upon scheduling your hearing for a third time, the Review Board will conduct the hearing on the date specified even if you are not present. 

Last Updated: 02-13-2013

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