7-1-714 - Judicial review of acts of commissioner -- Hearing by court.
7-1-714. Judicial review of acts of commissioner -- Hearing by court.
(1) Any person aggrieved by any rule, regulation, order, decision, or ruling or other act orfailure to act of the commissioner under this title is entitled to judicial review.
(2) Judicial review of other agency actions shall be governed by the procedures andrequirements of this subsection.
(a) Within 30 days after receipt of notice of a rule, order, or other decision or ruling notarising from an adjudicative proceeding, or within 120 days after the commissioner has failed toact upon a request or application, the aggrieved person may file an application for judicial reviewwith a court of competent jurisdiction in the county in which the applicant is located, or in thecounty where the office of the commissioner is located, and may request an immediate hearing onthe act or failure to act.
(b) The court shall require adequate notice to be served on the commissioner and all otherinterested parties and shall give the petition for review precedence on its calendar.
(c) The court shall review the record before the commissioner and shall adjudicate thequestion, enter appropriate orders, and enforce them.
(d) The court may declare void any rule, regulation, order, decision, ruling, or other actof the commissioner it finds to be arbitrary, capricious, an abuse of discretion, or otherwisecontrary to law.
(3) Any action for judicial review of acts or failure to act of the commissioner shall beheard by the court and shall be based on the record made before the department.
Amended by Chapter 161, 1987 General Session