12-904. Commencement of action; transmission of
record
A. An action to review a final administrative decision shall be commenced by filing
a complaint 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 be as provided by law governing procedure before the administrative agency, or by a
rule of the agency made pursuant to law, but if no method is provided a decision shall be
deemed to have been served when personally delivered or mailed by certified mail to the
party affected at the party's last known residence or place of business. Service is
complete on personal service or five days after the date that the final administrative
decision is mailed to the party's last known address.
B. Within ten days after filing a complaint pursuant to this article, the party
seeking judicial review shall file a notice of the action with the office of
administrative hearings or the agency that conducted the hearing, and the office of
administrative hearings or the agency that conducted the hearing shall transmit the
record to the superior court. The record shall consist of the following:
1. The original agency action from which review is sought.
2. Any motions, memoranda or other documents submitted by the parties to the
appeal.
3. Any exhibits admitted as evidence at the administrative hearing.
4. The decision by the administrative law judge and any revisions or modifications
to the decision.
5. A copy of the transcript of the administrative hearing, if the party seeking
judicial review desires a transcript to be included in the record and provides for
preparation of the transcript at the party's own expense. Any other party may have a
transcript included in the record by filing a notice with the office of administrative
hearings or the agency that conducted the hearing within ten days after receiving notice
of the complaint and providing for preparation of the transcript at the party's own
expense.
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