12-901. Definitions In this article, unless the context otherwise requires: 1. " Administrative agency" or " agency" means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment. Except as provided in section 33-1905, administrative agency or agency […]
12-902. Scope of article A. This article applies to and governs: 1. Every action to judicially review a final decision of an administrative agency except public welfare decisions pursuant to title 46, or if the act creating or conferring power on an agency or a separate act provides for judicial review of the agency decisions […]
12-903. Power of supreme court to make procedural rules The supreme court may make rules of pleading, practice and procedure supplementary to but not inconsistent with the provisions of this article, and to amend such rules, for the purpose of making this article effective for the convenient administration of justice, and simplifying procedure so far […]
12-904. Commencement of action; transmission of record A. An action to review a final administrative decision shall be commenced by filing a notice of appeal within thirty-five days from the date when a copy of the decision sought to be reviewed is served upon the party affected. The method of service of the decision shall […]
12-905. Jurisdiction and venue A. Jurisdiction to review final administrative decisions is vested in the superior court. B. If the venue of the action to review a final administrative decision is expressly prescribed in the statute under authority of which the decision was made, such venue shall control, but if the venue is not prescribed, […]
12-906. Service of process In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency.
12-907. Appearance of parties to the appeal Within twenty days after service of the notice of appeal, the appellee agency and all other appellees shall file a notice of appearance in response to the notice of appeal. All subsequent filings shall be made as provided by section 12-914.
12-908. Parties A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceedings before the superior court as appellees. B. If the administrative hearing is held before the office of administrative […]
12-909. Pleadings and record on review A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be reviewed. B. Notwithstanding section 12-904, subsection B, by order of the court or by stipulation of all parties to the action, the record may be […]
12-910. Scope of review A. An action to review a final administrative decision shall be heard and determined with convenient speed. If requested by a party to an action within thirty days after filing a notice of appeal, the court shall hold an evidentiary hearing, including testimony and argument, to the extent necessary to make […]
12-911. Powers of superior court A. The superior court may: 1. With or without bond, unless required by the statute under authority of which the administrative decision was entered, and before or after the filing of the notice of appearance, stay the decision in whole or in part pending final disposition of the case, after […]
12-912. Costs Costs may be awarded to the appellee agency if a judgment adverse to the appellant is rendered. Such costs may be awarded in an amount deemed reasonable by the superior court, based on the expense the appellee agency has incurred in preparing the record of the proceedings before judicial review.
12-913. Appellate review The final decision, order, judgment or decree of the superior court entered in an action to review a decision of an administrative agency may be appealed to the supreme court.
12-914. Rules of procedure A. Where applicable, the rules of procedure for judicial review of administrative decisions in superior courts, including rules relating to appeals to the supreme court, shall apply to all proceedings except as otherwise provided in this article, except in cases in which the superior court has conducted a trial de novo […]
