75-10-751. Appeal of allocator's decision.
75-10-751. Appeal of allocator's decision. (1) A person may appeal the allocator's decision to district court within 30 days of the date of the allocation report. Venue lies in the county where the release occurred or where the liable person resides or has a principal place of business or in the first judicial district.
(2) The allocator's decision must be upheld unless the person appealing the decision demonstrates that the decision was:
(a) made upon unlawful procedure;
(b) affected by other error of law;
(c) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(d) arbitrary and capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion or was fraudulent.
(3) If the appeal is successful, the district court shall allocate the liability of the potentially liable persons using the factors outlined in 75-10-750.
(4) After decision on the appeal, all liable persons shall submit a stipulated agreement as provided in 75-10-750 to the department based on the court order.
History: En. Sec. 21, Ch. 415, L. 1997.