23-483
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23-483. Petition for special action to review lawfulness of decision, order or decision upon review; procedure A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision, order or decision upon review. B. The petition for special action provided by subsection A of this section and by section 23-481 shall be made returnable within ten days and shall direct the commission to certify its record, proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the petition for special action upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and, if findings of fact were made, whether or not such findings of fact support the order or decision. If necessary, the court may review the evidence. C. Each party to the proceedings before the commission may appear in the court of appeals. D. The court of appeals shall enter judgment either affirming or setting aside the order or decision. E. The rules of civil procedure relating to special actions shall apply so far as applicable and not in conflict with this article. |