[§356D-96]  Judicial review.  (a)  Anyperson aggrieved by a final decision and order of the authority or by apreliminary ruling of the nature that deferral of review pending entry of asubsequent final decision would deprive the appellant of adequate relief isentitled to judicial review thereof under this part.

(b)  Except as otherwise provided in thissection, proceedings for review shall be instituted in the circuit court withinthirty days after the preliminary ruling or within thirty days after service ofthe certified copy of the final decision and order of the authority pursuant tothe rules of court, except where a statute provides for a direct appeal to theintermediate appellate court.  In such cases, the appeal shall be treated inthe same manner as an appeal from the circuit court, including payment of thefee prescribed by section 607‑5 for filing the notice of appeal.  Thecourt in its discretion may permit other interested persons to intervene.

(c)  The proceedings for review shall not stayenforcement of the decision of the authority; provided that the authority orthe reviewing court may order a stay upon such terms as it deems proper.

(d)  Within twenty days after the determinationof the contents of the record on appeal in the manner provided by the rules ofcourt, or within such further time as the court may allow, the authority shalltransmit to the reviewing court the record of the proceeding under review.  Thecourt may require or permit subsequent corrections or additions to the recordwhen deemed desirable.

(e)  If, before the date set for hearing,application is made to the court for leave to present additional evidence andthe evidence is material and good cause exists for the failure to present theevidence in the proceeding before the authority, the court may order theauthority to hear the evidence upon the conditions as the court deems proper. The authority may modify its findings, decision, and order by reason of theadditional evidence and shall file with the reviewing court, to become a partof the record, the additional evidence, together with any modification of itsfindings or decision.

(f)  The review shall be conducted by the courtwithout a jury and shall be confined to the record.  In cases of allegedirregularities in procedure before the authority and not shown in the record,testimony thereon may be taken in court.  The court, upon request by any party,may hear oral argument and receive written briefs.

(g)  Upon review of the record, the court mayaffirm the decision of the authority or remand the case with instructions forfurther proceedings, or it may reverse or modify the decision and order if thesubstantial rights of the petitioners may have been prejudiced because theadministrative findings, conclusions, decisions, or orders are:

(1)  In violation of constitutional or statutoryprovisions;

(2)  In excess of the statutory authority orjurisdiction of the authority;

(3)  Made upon unlawful procedure;

(4)  Affected by other error of law;

(5)  Clearly erroneous in view of the reliable,probative, and substantial evidence on the whole record; or

(6)  Arbitrary, capricious, or characterized by abuseof discretion or clearly unwarranted exercise of discretion. [L 2006, c 180, ptof §2]