§ 58-2-90. Extent of review under § 58-2-80.
§ 58‑2‑90. Extentof review under § 58‑2‑80.
(a) On appeal the courtshall review the record in accordance with the rules of the Court of Appeals,and any alleged irregularities in procedures before the Commissioner, not shownin the record, shall be considered under the rules of the Court of Appeals.
(b) So far as necessaryto the decision and where presented, the court shall decide all relevantquestions of law, interpret constitutional and statutory provisions, anddetermine the meaning and applicability of the terms of any action of theCommissioner. The court may affirm or reverse the decision of the Commissioner,declare the same null and void, or remand the case for further proceedings; orit may reverse or modify the decision if the substantial rights of theappellants have been prejudiced because the Commissioner's findings,inferences, conclusions or decisions are:
(1) In violation ofconstitutional provisions, or
(2) In excess ofstatutory authority or jurisdiction of the Commissioner, or
(3) Made upon unlawfulproceedings, or
(4) Affected by othererrors of law, or
(5) Unsupported bymaterial and substantial evidence in view of the entire record as submitted, or
(6) Arbitrary orcapricious.
(c) In making theforegoing determinations, the court shall review the whole record or suchportions thereof as may be cited by any party and due account shall be taken ofthe rule of prejudicial error.
(d) The court shallalso compel action of the Commissioner unlawfully withheld or unlawfully orunreasonably delayed.
(e) Upon any appeal,the rates fixed or any rule, regulation, finding, determination, or order madeby the Commissioner under the provisions of Articles 1 through 64 of thisChapter shall be prima facie correct. (1971, c. 703, s. 4; 2009‑566, s. 27.)