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



(b)  The filing of an appeal pursuant to this
section shall stay the application of any rule, order, or other action of the
commissioner to the appealing party unless the court, after giving the party
notice and an opportunity to be heard, determines that a stay would be
detrimental to the interest of policyholders, shareholders, creditors or the
public.



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