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Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 293

previous next Effective - 28 Aug 1959bottom

  293.680.  Judicial review of orders of director — effect of filing on order, procedure. — 1.  Any person may appeal to the circuit court of the county in which the mine is situated or to the circuit court of Cole County, at the option of appellant, from any order, rule, regulation or determination of the director of the division of mine inspection or of a mine inspector by filing with the clerk of such court a petition setting forth a copy of the order, rule, regulation or determination, if it was made in writing, or by setting forth the terms and conditions of the order, rule, regulation or determination if it was not in writing and stating the reasons or grounds of complaint against the order, rule, regulation or determination.  Such petition shall be filed within thirty days after notice of the order, rule, regulation or determination has been given.  The filing of the petition or appeal stays the enforcement or effectiveness of the order, rule, regulation or determination appealed.  Notice of the appeal shall be given by mailing a copy of the petition to the director of the division of mine inspection or mine inspector by the clerk of said court, who shall file proof of such mailing.

  2.  The matter shall be tried de novo by the court, without a jury, not sooner than thirty days after the mailing of the petition, and the court shall either sustain the director of the division of mine inspection or mine inspector or shall direct him to take such action as the court may deem proper.  An appeal from the circuit court in such case shall be allowed as in civil action.

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(L. 1959 S.B. 188 § 67)


---- end of effective   28 Aug 1959 ----

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