§ 5-40-16 Appeals from board,administrator, or director. – (a) An appeal from any decision or order of the board, administrator ofprofessional regulation, or director of the department of health may be claimedby any aggrieved party within thirty (30) days of that decision or order byfiling a claim of appeal and reasons for the appeal in the office of the clerkof the superior court in the county in which the aggrieved party resides.
(b) A copy of the aggrieved party's claim of appeal and thereasons for the appeal shall be served on the secretary of the board, oradministrator of professional regulation. The secretary or administrator shallpromptly certify to the clerk of the superior court a correct and full copy ofthe record in connection with the order, including a transcript of theevidence, if the transcript has been taken, its findings of fact, conclusions,and a copy of the order.
(c) The court shall review the record of the order ordecision and in the event it finds that order or decision unlawful, arbitrary,or unreasonable, may vacate or set aside that order.
(d) The aggrieved party may claim or waive a trial by juryand proceedings shall be the same as those taken at other criminal or civilproceedings, but no party shall rely on any other grounds than those stated inhis or her reasons of appeal.
(e) The filing of a claim of appeal shall not in itself stayor suspend the operation of any order or decision of the board, but during thependency of those proceedings, the superior court may, in its discretion, stayor suspend in whole or in part, the order or decision. No order of the courtstaying or suspending an order or decision shall be made by the court otherthan on five (5) days' notice and after a hearing thereon and the suspension ofthe order or decision shall be based upon a finding by the court that great orirreparable damage would result to the aggrieved party in the absence of thatstay or suspension.
(f) An appeal may be taken from the decision of the superiorcourt to the supreme court of the state in the same manner as an appeal istaken under § 28-35-29.
§ 5-40-16 Appeals from board,administrator, or director. – (a) An appeal from any decision or order of the board, administrator ofprofessional regulation, or director of the department of health may be claimedby any aggrieved party within thirty (30) days of that decision or order byfiling a claim of appeal and reasons for the appeal in the office of the clerkof the superior court in the county in which the aggrieved party resides.
(b) A copy of the aggrieved party's claim of appeal and thereasons for the appeal shall be served on the secretary of the board, oradministrator of professional regulation. The secretary or administrator shallpromptly certify to the clerk of the superior court a correct and full copy ofthe record in connection with the order, including a transcript of theevidence, if the transcript has been taken, its findings of fact, conclusions,and a copy of the order.
(c) The court shall review the record of the order ordecision and in the event it finds that order or decision unlawful, arbitrary,or unreasonable, may vacate or set aside that order.
(d) The aggrieved party may claim or waive a trial by juryand proceedings shall be the same as those taken at other criminal or civilproceedings, but no party shall rely on any other grounds than those stated inhis or her reasons of appeal.
(e) The filing of a claim of appeal shall not in itself stayor suspend the operation of any order or decision of the board, but during thependency of those proceedings, the superior court may, in its discretion, stayor suspend in whole or in part, the order or decision. No order of the courtstaying or suspending an order or decision shall be made by the court otherthan on five (5) days' notice and after a hearing thereon and the suspension ofthe order or decision shall be based upon a finding by the court that great orirreparable damage would result to the aggrieved party in the absence of thatstay or suspension.
(f) An appeal may be taken from the decision of the superiorcourt to the supreme court of the state in the same manner as an appeal istaken under § 28-35-29.
§ 5-40-16 Appeals from board,administrator, or director. – (a) An appeal from any decision or order of the board, administrator ofprofessional regulation, or director of the department of health may be claimedby any aggrieved party within thirty (30) days of that decision or order byfiling a claim of appeal and reasons for the appeal in the office of the clerkof the superior court in the county in which the aggrieved party resides.
(b) A copy of the aggrieved party's claim of appeal and thereasons for the appeal shall be served on the secretary of the board, oradministrator of professional regulation. The secretary or administrator shallpromptly certify to the clerk of the superior court a correct and full copy ofthe record in connection with the order, including a transcript of theevidence, if the transcript has been taken, its findings of fact, conclusions,and a copy of the order.
(c) The court shall review the record of the order ordecision and in the event it finds that order or decision unlawful, arbitrary,or unreasonable, may vacate or set aside that order.
(d) The aggrieved party may claim or waive a trial by juryand proceedings shall be the same as those taken at other criminal or civilproceedings, but no party shall rely on any other grounds than those stated inhis or her reasons of appeal.
(e) The filing of a claim of appeal shall not in itself stayor suspend the operation of any order or decision of the board, but during thependency of those proceedings, the superior court may, in its discretion, stayor suspend in whole or in part, the order or decision. No order of the courtstaying or suspending an order or decision shall be made by the court otherthan on five (5) days' notice and after a hearing thereon and the suspension ofthe order or decision shall be based upon a finding by the court that great orirreparable damage would result to the aggrieved party in the absence of thatstay or suspension.
(f) An appeal may be taken from the decision of the superiorcourt to the supreme court of the state in the same manner as an appeal istaken under § 28-35-29.
