23-483. Petition for special action to review
lawfulness of decision, order or decision upon review;
procedure
A. Any party affected by a decision of the commission or by a decision upon review
pursuant to section 23-481 may apply to the court of appeals by a petition for special
action to review the lawfulness of the decision, order or decision upon review.
B. The petition for special action provided by subsection A of this section and by
section 23-481 shall be made returnable within ten days and shall direct the commission
to certify its record, proceedings and evidence to the court of appeals. The court of
appeals may quash or dismiss the petition for special action upon the grounds of
dismissal applicable to civil appeals. The review shall be limited to determining
whether or not the commission acted without or in excess of its power and, if findings of
fact were made, whether or not such findings of fact support the order or decision. If
necessary, the court may review the evidence.
C. Each party to the proceedings before the commission may appear in the court of
appeals.
D. The court of appeals shall enter judgment either affirming or setting aside the
order or decision.
E. The rules of civil procedure relating to special actions shall apply so far as
applicable and not in conflict with this article.
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