§ 27-35-12. Judicial review — Mandamus.
(a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal the action to
the superior court. The court shall conduct its review without a jury and by trial
de novo, except that if all parties, including the commissioner, so stipulate, the
review shall be confined to the record. Portions of the record may be introduced by
stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the applic
Free access — add to your briefcase to read the full text and ask questions with AI
§ 27-35-12. Judicial review — Mandamus.
(a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal the action to
the superior court. The court shall conduct its review without a jury and by trial
de novo, except that if all parties, including the commissioner, so stipulate, the
review shall be confined to the record. Portions of the record may be introduced by
stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any
rule, regulation, 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
that a stay would be detrimental to the interest of policyholders, shareholders, creditors,
or the public.
(c) Any person aggrieved by any failure of the commissioner to act or make a determination
required by this chapter may petition the superior court of Providence County for
a writ in the nature of a mandamus or a peremptory mandamus directing the commissioner
to act or make the determination.