(a) Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review of the action as provided in this section.
(b) (1) An action for judicial review may be commenced in any court of competent jurisdiction in accordance with the Tennessee rules of civil procedure within thirty (30) days after the commission action becomes effective.
(2) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review; or the reviewing court, upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(3) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits and other papers presented to or considered by the commission, and the decision, findings and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(4) If the court finds no error, it shall affirm the commission's action. The court shall hold unlawful and set aside the commission action, and afford such relief as may be appropriate if it finds that the action was:
(A) Arbitrary or capricious;
(B) A denial of statutory right;
(C) Contrary to constitutional right, power, privilege or immunity;
(D) In excess of statutory jurisdiction, authority, purposes or limitation;
(E) Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
(F) An abuse or clearly unwarranted exercise of discretion;
(G) Unsupported by substantial evidence when the record is considered as a whole; or
(H) Otherwise contrary to law.
(5) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
(a) Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review of the action as provided in this section.
(b) (1) An action for judicial review may be commenced in any court of competent jurisdiction in accordance with the Tennessee rules of civil procedure within thirty (30) days after the commission action becomes effective.
(2) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review; or the reviewing court, upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(3) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits and other papers presented to or considered by the commission, and the decision, findings and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(4) If the court finds no error, it shall affirm the commission's action. The court shall hold unlawful and set aside the commission action, and afford such relief as may be appropriate if it finds that the action was:
(A) Arbitrary or capricious;
(B) A denial of statutory right;
(C) Contrary to constitutional right, power, privilege or immunity;
(D) In excess of statutory jurisdiction, authority, purposes or limitation;
(E) Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
(F) An abuse or clearly unwarranted exercise of discretion;
(G) Unsupported by substantial evidence when the record is considered as a whole; or
(H) Otherwise contrary to law.
(5) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
(a) Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review of the action as provided in this section.
(b) (1) An action for judicial review may be commenced in any court of competent jurisdiction in accordance with the Tennessee rules of civil procedure within thirty (30) days after the commission action becomes effective.
(2) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review; or the reviewing court, upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(3) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits and other papers presented to or considered by the commission, and the decision, findings and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(4) If the court finds no error, it shall affirm the commission's action. The court shall hold unlawful and set aside the commission action, and afford such relief as may be appropriate if it finds that the action was:
(A) Arbitrary or capricious;
(B) A denial of statutory right;
(C) Contrary to constitutional right, power, privilege or immunity;
(D) In excess of statutory jurisdiction, authority, purposes or limitation;
(E) Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
(F) An abuse or clearly unwarranted exercise of discretion;
(G) Unsupported by substantial evidence when the record is considered as a whole; or
(H) Otherwise contrary to law.
(5) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
