(a) On appeal the court shall review the record and theexceptions and assignments of error in accordance with the rules of appellateprocedure, and any alleged irregularities in procedures before the Commission,not shown in the record, shall be considered under the rules of appellateprocedure.
(b) So far as necessary to the decision and where presented, thecourt shall decide all relevant questions of law, interpret constitutional andstatutory provisions, and determine the meaning and applicability of the termsof any Commission action. The court may affirm or reverse the decision of theCommission, declare the same null and void, or remand the case for furtherproceedings; or it may reverse or modify the decision if the substantial rightsof the appellants have been prejudiced because the Commission's findings,inferences, conclusions or decisions are:
(1) In violation of constitutional provisions, or
(2) In excess of statutory authority or jurisdiction of theCommission, or
(3) Made upon unlawful proceedings, or
(4) Affected by other errors of law, or
(5) Unsupported by competent, material and substantial evidencein view of the entire record as submitted, or
(6) Arbitrary or capricious.
(c) In making the foregoing determinations, the court shallreview the whole record or such portions thereof as may be cited by any partyand due account shall be taken of the rule of prejudicial error. The appellantshall not be permitted to rely upon any grounds for relief on appeal which werenot set forth specifically in his notice of appeal filed with the Commission.
(d) The court shall also compel action of the Commissionunlawfully withheld or unlawfully or unreasonably delayed.
(e) Upon any appeal, the rates fixed or any rule, regulation,finding, determination, or order made by the Commission under the provisions ofthis Chapter shall be prima facie just and reasonable. (1949, c. 989, s. 1; 1955, c. 1207, s. 3; 1963, c.1165, s. 1; 1969, c. 614; 1975, c. 391, s. 14.)
(a) On appeal the court shall review the record and theexceptions and assignments of error in accordance with the rules of appellateprocedure, and any alleged irregularities in procedures before the Commission,not shown in the record, shall be considered under the rules of appellateprocedure.
(b) So far as necessary to the decision and where presented, thecourt shall decide all relevant questions of law, interpret constitutional andstatutory provisions, and determine the meaning and applicability of the termsof any Commission action. The court may affirm or reverse the decision of theCommission, declare the same null and void, or remand the case for furtherproceedings; or it may reverse or modify the decision if the substantial rightsof the appellants have been prejudiced because the Commission's findings,inferences, conclusions or decisions are:
(1) In violation of constitutional provisions, or
(2) In excess of statutory authority or jurisdiction of theCommission, or
(3) Made upon unlawful proceedings, or
(4) Affected by other errors of law, or
(5) Unsupported by competent, material and substantial evidencein view of the entire record as submitted, or
(6) Arbitrary or capricious.
(c) In making the foregoing determinations, the court shallreview the whole record or such portions thereof as may be cited by any partyand due account shall be taken of the rule of prejudicial error. The appellantshall not be permitted to rely upon any grounds for relief on appeal which werenot set forth specifically in his notice of appeal filed with the Commission.
(d) The court shall also compel action of the Commissionunlawfully withheld or unlawfully or unreasonably delayed.
(e) Upon any appeal, the rates fixed or any rule, regulation,finding, determination, or order made by the Commission under the provisions ofthis Chapter shall be prima facie just and reasonable. (1949, c. 989, s. 1; 1955, c. 1207, s. 3; 1963, c.1165, s. 1; 1969, c. 614; 1975, c. 391, s. 14.)
(a) On appeal the court shall review the record and theexceptions and assignments of error in accordance with the rules of appellateprocedure, and any alleged irregularities in procedures before the Commission,not shown in the record, shall be considered under the rules of appellateprocedure.
(b) So far as necessary to the decision and where presented, thecourt shall decide all relevant questions of law, interpret constitutional andstatutory provisions, and determine the meaning and applicability of the termsof any Commission action. The court may affirm or reverse the decision of theCommission, declare the same null and void, or remand the case for furtherproceedings; or it may reverse or modify the decision if the substantial rightsof the appellants have been prejudiced because the Commission's findings,inferences, conclusions or decisions are:
(1) In violation of constitutional provisions, or
(2) In excess of statutory authority or jurisdiction of theCommission, or
(3) Made upon unlawful proceedings, or
(4) Affected by other errors of law, or
(5) Unsupported by competent, material and substantial evidencein view of the entire record as submitted, or
(6) Arbitrary or capricious.
(c) In making the foregoing determinations, the court shallreview the whole record or such portions thereof as may be cited by any partyand due account shall be taken of the rule of prejudicial error. The appellantshall not be permitted to rely upon any grounds for relief on appeal which werenot set forth specifically in his notice of appeal filed with the Commission.
(d) The court shall also compel action of the Commissionunlawfully withheld or unlawfully or unreasonably delayed.
(e) Upon any appeal, the rates fixed or any rule, regulation,finding, determination, or order made by the Commission under the provisions ofthis Chapter shall be prima facie just and reasonable. (1949, c. 989, s. 1; 1955, c. 1207, s. 3; 1963, c.1165, s. 1; 1969, c. 614; 1975, c. 391, s. 14.)
