Section 622.450

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 28 Aug 1996   

  622.450.  Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws. — 1.  The division and any party who has participated in the division proceeding which produced the order or decision may, after the entry of judgment in the circuit court in any action in review, prosecute an appeal to a court having appellate jurisdiction in this state.  Such appeal shall be prosecuted as appeals from judgment of the circuit court in civil cases except as otherwise provided in this chapter.  The original transcript of the record and testimony and exhibits, certified to by the division and filed in the circuit court in any action to review an order or decision of the division, together with a transcript of the proceedings in the circuit court, shall constitute the record on appeal to the supreme court or any court of appeals.

  2.  Where an appeal is taken to the supreme court or the court of appeals, the cause shall, on the return of the papers to the supreme court or court of appeals, be immediately placed on the docket of the then pending term by the clerk of the court and shall be assigned and brought to a hearing in the same manner as other causes on the then pending term docket, but shall have precedence over all civil causes of a different nature pending in the court.

  3.  The circuit court may in its discretion suspend its judgment pending the hearing in the supreme court or court of appeals on appeal, upon the filing of a bond by the carrier, corporation or person with good and sufficient security conditioned as provided for bonds upon actions for review and by further complying with all terms and conditions of this law for the suspension of any order or decision of the division pending the hearing or review in the circuit court.

  4.  The general laws relating to appeals to the supreme court and the court of appeals in this state shall, so far as applicable and not in conflict with the provisions of this chapter, apply to appeals taken under the provisions of this chapter.

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(L. 1996 S.B. 780)