49-321

49-321. Appeals

A. An order of the director under this chapter is subject to appeal pursuant to
title 41, chapter 6, article 10.

B. Except as provided in section 41-1092.08, subsection H, final administrative
decisions are subject to appeal to superior court pursuant to title 12, chapter 7,
article 6. For the benefit of the people of this state, appeals under this section have
precedence, in every court, over all other civil proceedings. The presiding judge for the
county in which the appeal has been made shall assign the appeal to the appropriate judge
designated by the chief justice of the supreme court pursuant to section 45-406 to hear
appeals relating to groundwater.

C. Except as provided in section 49-324, subsection E, the decision shall not be
stayed pending appeal, except that the judge to whom the appeal is assigned may stay the
decision, with or without bond, on a showing of good cause. In determining whether good
cause exists under the circumstances, the court may consider whether:

1. The public interest will be adversely affected by a stay.

2. The stay will harm others.

3. There is a high probability that the appellant will succeed on the merits.

4. The appellant will suffer irreparable harm before a decision on the merits can
be rendered.

D. The final decision of the superior court is appealable in the same manner as in
civil actions generally and shall be governed by the rules of appellate procedure.