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Title XXVI TRADE AND COMMERCE

Chapter 409

previous next Effective - 28 Aug 1985bottom

  409.846.  Judicial review of commissioner's orders — procedure — standard of review. — 1.  Any person aggrieved by a final order of the commissioner may obtain judicial review of such order in the manner provided in chapter 536 for the review of contested cases.

  2.  Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court pursuant to subsection 3 or 4 of this section, the court shall have exclusive jurisdiction of the matter, and the commissioner may not modify or set aside the order, in whole or in part.

  3.  The filing of a petition for review under subsection 1 of this section, does not, unless specifically ordered by the court, operate as a stay of the commissioner's order, and the commissioner may enforce or ask the court to enforce the order pending the outcome of the review proceedings.

  4.  If either the aggrieved party or the commissioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner or other good cause, the court may order the additional evidence to be taken by the commissioner under such conditions as the court considers proper.

  5.  If new evidence is ordered taken by the court, the commissioner may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.

  6.  The court shall review the petition based upon the original record before the commissioner as amended under subsections 3 and 4 of this section.  The findings of the commissioner as to the facts, if supported by competent, material, and substantive evidence, are conclusive.  Based upon this review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.

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(L. 1985 H.B. 409 & 532 § 19)


---- end of effective   28 Aug 1985 ----

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