§ 9-17-15 — Judicial Review of Rules, Regulations or Orders

Any interested person aggrieved by any rule, regulation or order made or promulgated by the board under this article and who may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation was promulgated, have the right, regardless of the amount involved, to institute a civil action by filing a complaint in the circuit court of the county in which all or part of the aggrieved person’s property affected by any such rule, regulation or order is situated to test the validity of said rule, regulation or order promulgated by the board. Such civil action shall be advanced for trial and be determined as expeditiously as feasible, and no postponement or continuance thereof shall be granted except for reasons deemed imperative by the court. In such trials the validity of any rule, regulation or order made or promulgated under this article shall be deemed prima facie valid, and the court shall be limited in its consideration to a review of the record of the proceedings before the board, and no new or additional evidence shall be received.
The reviewing court shall limit its consideration to the following:
(1) Whether the rule, regulation or order is constitutional;
(2) Whether the rule, regulation or order was without or in excess of jurisdiction;
(3) Whether the rule, regulation or order was procured by fraud;
(4) Whether the rule, regulation or order is reasonable; and
(5) Whether the rule, regulation or order is unsupported by the evidence.

Legislative History

(Acts 1945, No. 1, p. 1, §15; Acts 1957, No. 575, p. 798; Acts 1965, 2nd Ex. Sess., No. 81, p. 111.)