§ 11-5-16. Judicial review.


Latest version.
  • (a)

    Any person directly and either jointly or severally aggrieved by a final order or a final decision of the director is entitled to judicial review thereof under this chapter in the Circuit Court of the City of Alexandria.

    (b)

    Proceedings for review shall be instituted by filing a notice of appeal and a petition for review with the court within 30 days after the date of the final order or final decision and delivering, a copy of the notice and the petition to the director. The filing of an appeal shall not act to stay the order or the effect of the decision from which the appeal is taken. Within five working days after receipt the notice, the director shall file in the record of the suit a statement of the reason, including any finding of fact and/or conclusion of law, upon which the order or decision appealed from was based. Further proceedings shall be in accordance with equity jurisprudence and procedure. The court may render its judgment upon the record or it may hear such additional evidence as it deems proper.

    (c)

    The court may affirm the final order or final decision from which an appeal has been taken or it may remand the matter for further proceedings; or it may reverse or modify the order or decision on appeal if the substantial rights of the appellant have been prejudiced because the order or decision of the director is:

    (1)

    in violation of any constitutional provision;

    (2)

    in excess of lawful authority or jurisdiction;

    (3)

    made upon unlawful procedure;

    (4)

    affected by other error of law;

    (5)

    unsupported by the evidence on the record considered as a whole; or

    (6)

    arbitrary, capricious or an abuse of discretion.