Appeal

19. (1) A person may appeal the owner's decision under section 17. on any of the grounds referred to in subsection 17 (1) if the person sends a notice of appeal, setting out the grounds of the appeal, to the dispute arbitrator and to the owner within 30 days of receiving a copy of the owner's decision under subsection 17 (5). 1998, c. 28, s. 19 (1).

Submission by owner

(2) Within 15 days of receipt of a notice of appeal under subsection (1), the owner may send a written submission to the dispute arbitrator. 1998, c. 28, s. 19 (2).

Copy to appellant

(3) Upon making a submission under subsection (2), the owner shall send a copy of the submission to the appellant. 1998, c. 28, s. 19 (3).

Appeal process

(4) The dispute arbitrator shall review the notice of appeal and any submission made by the owner under subsection (2) and may,

(a) decide the matter on the basis of the written material;

(b) if he or she thinks it appropriate, hold a hearing into the matter; or

(c) use any available mediation or alternative dispute resolution method that he or she considers appropriate. 1998, c. 28, s. 19 (4).

Appeal decision

(5) The dispute arbitrator shall decide the appeal solely on the grounds referred to in subsection 17 (1). 1998, c. 28, s. 19 (5).

Order for expenses

(6) If the dispute arbitrator finds that the appellant is not responsible for payment of the toll he or she may order the owner to pay the appellant the amount of his or her reasonable out of pocket expenses incurred in connection with the dispute or appeal of the dispute. 1998, c. 28, s. 19 (6).

Decision final

(7) The decision of the dispute arbitrator is final and binding and is not subject to appeal. 1998, c. 28, s. 19 (7).

Notice of decision

(8) The dispute arbitrator shall send the appellant, the owner and the Registrar of Motor Vehicles a copy of his or her decision within 120 days of receiving the notice of appeal under subsection (1). 1998, c. 28, s. 19 (8).

Failure to give timely decision

(9) If the dispute arbitrator fails to send a copy of his or her decision within the time period set out in subsection (8), the appellant or the owner may apply to a court of competent jurisdiction for an order compelling the dispute arbitrator to give his or her decision. 1998, c. 28, s. 19 (9).