§ 34-37-6 - Judicial review and enforcement.
SECTION 34-37-6
§ 34-37-6 Judicial review and enforcement.– (a) Any complainant, intervener, or respondent claiming to be aggrieved by afinal order of the commission may obtain judicial review thereof, and thecommission may obtain an order of court for its enforcement, in a proceeding asprovided in this section. The proceeding shall be brought in the superior courtof the state within any county wherein the unlawful housing practices which arethe subject of the commission's order were committed or wherein any respondent,required in the order to cease and desist from unfair housing practices or totake other affirmative action, resides or transacts business.
(b) The proceeding shall be initiated by the filing of apetition in the court, and the service of a copy of the petition upon thecommission and upon all parties who appeared before the commission. Thereuponthe court shall have jurisdiction of the proceeding and of the questionsdetermined therein, and shall have power to grant such temporary relief orrestraining order as it deems just and proper, and to make and enter upon thepleadings, testimony, and proceedings set forth in the transcript an orderenforcing, modifying, and enforcing as so modified, or setting aside in wholeor in part the order of the commission.
(c) An objection that has not been urged before thecommission, its member, or agent shall not be considered by the court, unlessthe failure or neglect to urge the objection shall be excused because ofextraordinary circumstances.
(d) If either party shall apply to the court for leave toadduce additional evidence and shall show to the satisfaction of the court thatthe additional evidence is material and that there were reasonable grounds forthe failure to adduce the evidence in the hearing before the commission, itsmember, or agent, the court may order the additional evidence to be takenbefore the commission, its member, or agent and to be made a part of thetranscript.
(e) The commission may modify its findings as to the facts,or make new findings, by reason of additional evidence so taken and filed. Thecommission shall file the modified or new findings and its recommendations, ifany, for the modification or setting aside of its original order.
(f) The jurisdiction of the court shall be exclusive and itsjudgment and order shall be, when necessary, subject to review by the supremecourt as provided by law, to which court appeal from the judgment and order maybe made as provided by law.
(g) The commission's copy of the testimony shall be availableat all reasonable times to all parties without cost of examination and for thepurposes of judicial review of the order of the commission. The petition shallbe heard on the transcript of the record without requirement of printing.
(h) The commission may appear in court by its own attorneys.
(i) If no proceeding to obtain judicial review is institutedby a complainant, intervener, or respondent within thirty (30) days from theservice of an order of the commission pursuant to subsection (h) of §34-37-5, the commission or the complainant may obtain a decree of the court forthe enforcement of the order upon showing that respondent is subject to thecommission's jurisdiction, and resides or transacts business within the countyin which the petition for enforcement is brought.
(j) The commission may proceed in the same manner as providedin § 28-5-13 as to the powers, duties, and rights of the commission, itsmembers, hearing examiners, the complainant, intervener, and respondent.