§ 5-40-16. Appeals from board, administrator, or director.
(a) An appeal from any decision or order of the board, administrator of professional regulation,
or director of the department of health may be claimed by any aggrieved party within
thirty (30) days of that decision or order by filing a claim of appeal and reasons
for the appeal in the office of the clerk of the superior court in the county in which
the aggrieved party resides.
(b) A copy of the aggrieved party's claim of appeal and the reasons for the appeal shall
be served on the secretary of the board or administrator of professional regulation.
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§ 5-40-16. Appeals from board, administrator, or director.
(a) An appeal from any decision or order of the board, administrator of professional regulation,
or director of the department of health may be claimed by any aggrieved party within
thirty (30) days of that decision or order by filing a claim of appeal and reasons
for the appeal in the office of the clerk of the superior court in the county in which
the aggrieved party resides.
(b) A copy of the aggrieved party's claim of appeal and the reasons for the appeal shall
be served on the secretary of the board or administrator of professional regulation.
The secretary or administrator shall promptly certify to the clerk of the superior
court a correct and full copy of the record in connection with the order, including
a transcript of the evidence, if the transcript has been taken, its findings of fact,
conclusions, and a copy of the order.
(c) The court shall review the record of the order or decision, and in the event it finds
that order or decision unlawful, arbitrary, or unreasonable, may vacate or set aside
that order.
(d) The aggrieved party may claim or waive a trial by jury and proceedings shall be the
same as those taken at other criminal or civil proceedings, but no party shall rely
on any other grounds than those stated in his or her reasons of appeal.
(e) The filing of a claim of appeal shall not in itself stay or suspend the operation
of any order or decision of the board, but during the pendency of those proceedings,
the superior court may, in its discretion, stay or suspend, in whole or in part, the
order or decision. No order of the court staying or suspending an order or decision
shall be made by the court other than on five (5) days' notice and after a hearing
thereon and the suspension of the order or decision shall be based upon a finding
by the court that great or irreparable damage would result to the aggrieved party
in the absence of that stay or suspension.
(f) An appeal may be taken from the decision of the superior court to the supreme court
of the state in the same manner as an appeal is taken under § 28-35-29.