65-2-15 - Appeal to circuit court.
§ 65-2-15. Appeal to circuit court.
(1) Either party to the dispute may, within fifteen (15) days from the date such order is filed with the clerk of the court, petition the circuit court of any county in which the contractor operates or has an office or place of business, for a review of such order on the ground that:
(a) The parties were not given reasonable opportunity to be heard;
(b) The board exceeded its powers;
(c) The order is unreasonable in that it is not supported by the evidence; and
(d) The order was procured by fraud, collusion, or other unlawful means or methods.
(2) Upon the filing of an appeal from the decision of the State Transportation Arbitration Board, the decision of that board shall be suspended until it is reinstated or reversed by the circuit judge. The party bringing the appeal shall be required to place a supercedeas bond in an amount to be determined by the circuit judge.
(3) A summons to the other party to the dispute shall be issued as provided by law in other civil cases. Either party shall have the same rights to a change of venue from the county, or to a change of judge, as provided by law in other civil cases. The judge of the circuit court, without the intervention of a jury, shall hear the evidence adduced by both parties with respect to the issue raised by such petition and may reverse said order only if he affirmatively finds that one (1) of the grounds set forth in subsection (1) was in fact present to such a degree that the decision of the board should not be allowed to stand. The decision of the judge of the circuit court shall be final, unless an appeal is taken to the Supreme Court as hereinafter provided. If the court reverses said order for one (1) of the reasons stated herein, and no appeal is taken to the Supreme Court, the decision of the board shall no longer be binding on either party.
Sources: Codes, 1942, § 8041.4-04; Laws, 1972, ch. 511, § 4; Laws, 2007, ch. 502, § 7, eff from and after July 1, 2007.