(1) A Driver aggrieved by a negative determination of suitability shall have a right of appeal to the Division. Appeals shall be considered on an individual basis, not a per-application basis. Appeals of mandatory disqualifications shall be limited to determining whether a genuine issue of material fact exists on the records received by the Division. Appeals of presumptive disqualifications, including discretionary disqualifications, shall be presumed to entitle the Driver to an appeal hearing at which the Driver may submit evidence on his or her behalf.(2) At a Driver appeal hearing, the Division shall consider the following factors in determining whether a Driver has met his or her burden of rebutting the presumption of unsuitability: (a) Relevance of the record to the position sought;(b) Nature of the work to be performed;(c) Time since the disposition;(d) Age of the candidate at the time of the offense;(e) Seriousness and circumstances of the offense;(h) Evidence of rehabilitation or lack thereof; and(i) Any other relevant information.(3) Records from government entities shall constitute prima facie evidence of the facts contained therein.(4) The Division shall first provide a TNC notice and an opportunity for hearing before exercising enforcement action pursuant to 220 CMR 274.14(2). A TNC may appeal any enforcement action taken after a Division hearing to the Department.(5) Appeals shall be filed within 30 business days from the date of the receipt of the decision for which the party is aggrieved. The appeal shall specifically set forth the grounds upon which the appellant claims to be aggrieved by the decision.(6) A Driver or TNC aggrieved by a final order or decision issued after exhaustion of all administrative appeals may appeal for judicial review in the Superior Court within 30 business days after receipt of such order or decision. Any proceedings in the Superior Court shall, insofar as applicable, be governed by M.G.L. c. 30A, § 14, and may be instituted in the Superior Court for the county:(a) Where the parties or any one of the parties reside or have their principal place of business within the Commonwealth;(b) Where the Division has its principal place of business; or(7) An appeal by an aggrieved party of a final order or decision shall, unless otherwise ordered by the Division, Department, or a court of competent jurisdiction, not operate as a stay of the decision.Adopted by Mass Register Issue 1348, eff. 9/22/2017.Amended by Mass Register Issue 1350, eff. 9/22/2017.