§ 26.1-10-13 — Judicial review - Mandamus

1. Any person aggrieved by any act, determination, rule, order, or any other action of the
commissioner under this chapter may appeal to the district court for Burleigh County.
The court shall conduct the review without a jury and by trial de novo, except if all
parties, including the commissioner, so stipulate, the review must be confined to the
record. Portions of the record may be introduced into evidence by stipulation in a trial
de novo as to those parties so stipulating.
2. The filing of an appeal under this section stays the application of any rule, order, or
other action of the commissioner to the appealing party unless the court, after giving
the party notice and an opportunity to be heard, determines a stay would be
detrimental to the interest of policyholders, shareholders, creditors, or the public.
3. Any person aggrieved by any failure of the commissioner to act or make a
determination required by this chapter may petition the district court for Burleigh
County for a writ in the nature of a mandamus or a peremptory mandamus directing
the commissioner to act or make a determination.