§ 37-1-124 — Proceedings on Appeal

Alabama § 37-1-124

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 1: Public Service Commission
• Art. 2: Powers and Duties Generally
• Div. 3: Appeals

Text

The commission’s order shall be taken as prima facie just and reasonable. No new or additional evidence may be introduced in the circuit court, except as to fraud or misconduct of some person engaged in the administration of this title and affecting the order, ruling or award appealed from, but the court shall otherwise hear the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant’s substantial rights in its application of the law; or
(2) The order, decision or award was procured by fraud or was based upon a finding of facts contrary to the substantial weight of the evidence.
However, the court may, instead of setting aside the order, remand the case to the commission for further proceedings in conformity with the direction of the court. The court may, in advance of judgment and upon a sufficient showing, remand the case to the commission for the purpose of taking additional testimony or other proceedings.

Legislative History

(Acts 1932, Ex. Sess., No. 232, p. 233; Code 1940, T. 48, §82.)