622.430. Review by circuit court of order, procedure.
Review by circuit court of order, procedure.
622.430. Within thirty days after the application for a rehearing isdenied, or, if the application is granted, then within thirty days afterthe rendition of the decision on rehearing, the applicant may apply to thecircuit court of the county where the hearing was held or in which thedivision has its principal office for a writ of certiorari or review forthe purpose of having the reasonableness or lawfulness of the originalorder or decision or the order or decision on rehearing inquired into ordetermined. The writ shall be made returnable not later than thirty daysafter the date of the issuance thereof, and shall direct the applicant tocertify the division's record in the case to the court in conformity withany applicable court rules. On the return day the cause shall be heard bythe circuit court, unless for a good cause shown the same be continued. Nonew or additional evidence may be introduced upon the hearing in thecircuit court but the cause shall be heard by the court without theintervention of a jury on the evidence and exhibits introduced before thedivision and certified to by it. The division and each party to the actionor proceeding before the division shall have the right to appear in thereview proceedings. Upon the hearing the circuit court shall enterjudgment either affirming or setting aside the order of the division underreview. In case the order is reversed by reason of the division failing toreceive testimony properly proffered, the court shall remand the cause tothe division, with instructions to receive the testimony so proffered andrejected, and enter a new order based upon the evidence already taken, andsuch as it is directed to receive. The court may, in its discretion,remand any cause which is reversed by it to the division for furtheraction. No court in this state, except the circuit courts to the extentherein specified and the supreme court or the court of appeals on appeal,shall have jurisdiction to review, reverse, correct or annul any order ordecision of the division or to suspend or delay the executing or operationthereof, or to enjoin, restrain or interfere with the division in theperformance of its official duties. The circuit courts of this state shallalways be deemed open for the trial of suits brought to review the ordersand decisions of the division as provided by law and the same shall betried and determined as suits in equity.
(L. 1996 S.B. 780)