23-945. Petition for hearing on validity of
order; procedure; substitution of order
A. Any employer or other person interested in or affected by an order of the
commission may petition for a hearing on the reasonableness and lawfulness of such order
by a verified petition filed with the commission. The petition shall set forth
specifically and in detail the order upon which a hearing is desired, the reasons why the
order is unreasonable or unlawful and the issue to be considered by the commission on the
hearing. Objections other than those set forth in the petition are deemed finally
waived.
B. Upon receipt of the petition, if the issue raised in the petition has
theretofore been adequately considered, the commission shall confirm, without hearing,
its previous determination. If a hearing is necessary to determine the issue raised, the
commission shall order a hearing thereon at such time as it prescribes. Notice of the
time and place of hearing shall be given the petitioner and such other persons as the
commission finds directly interested in the decision.
C. Upon the hearing, if it is found that the order complained of is unlawful or
unreasonable, the commission shall substitute therefor a reasonable and lawful order, and
may grant further time reasonably necessary for compliance with its order.
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