(a) Any person aggrieved or adversely affected by any final action
of the commission may obtain judicial review of such action as
provided in this Code section. (b) An action for judicial review may be commenced in any court of
competent jurisdiction within 30 days after the commission's action
becomes effective. (c) Upon a finding that irreparable injury would otherwise result,
the commission, upon application therefor, shall postpone the
effective date of its action pending judicial review, or the
reviewing court, upon application therefor and upon such terms and
upon such security, if any, as the court shall find necessary, shall
issue appropriate process to postpone the effective date of the
commission's action or to preserve the rights of the parties pending
conclusion of the review proceedings. (d) The record on review, unless otherwise stipulated by the
parties, shall include the original or certified copies of all
pleadings, applications, evidence, exhibits, and other papers
presented to or considered by the commission and the decision,
findings, and action of the commission. As to alleged procedural
irregularities, evidence may be taken independently by the court. (e) If the court finds no error, it shall affirm the commission's
action. If it finds that such action was: (1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or
immunity; (4) In excess of statutory jurisdiction, authority, purposes, or
limitation; (5) Not in accord with the procedures or procedural limitations of
this part or otherwise required by law; (6) An abuse or clearly unwarranted exercise of discretion,
unsupported by substantial evidence when the record is considered
as a whole; or (7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's
action and afford such relief as may be appropriate. (f) The decision of the trial court shall be subject to appellate
review in the same manner and with the same effect as in appeals
from a final judgment or decree in any other civil action. |