§431:11-115  Judicial review; mandamus.  (a) Any person aggrieved by any act, determination, rule or order or any otheraction of the commissioner pursuant to this article may appeal therefrom to thecircuit court of the first judicial circuit.  The court shall conduct itsreview without a jury and by trial de novo, except that if all parties,including the commissioner, so stipulate, the review shall be confined to therecord.  Portions of the record may be introduced by stipulation into evidencein a trial de novo as to those parties so stipulating.

(b)  The filing of an appeal pursuant to thissection shall stay the application of any rule, order, or other action of thecommissioner to the appealing party unless the court, after giving the partynotice and an opportunity to be heard, determines that a stay would bedetrimental to the interest of policyholders, shareholders, creditors or thepublic.

(c)  Any person aggrieved by any failure of thecommissioner to act or make a determination required by this article maypetition the circuit court of the first judicial circuit for a writ in thenature of a mandamus or a peremptory mandamus directing the commissioner to actor make the determination forthwith. [L 1987, c 349, pt of §8]