12-911. Powers of superior court

313 words·~1 min read·/az/title-12/12-911

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The superior court may:

1. With or without bond, unless required by the statute under authority of which the administrative decision was entered, and before or after the filing of the notice of appearance, stay the decision in whole or in part pending final disposition of the case, after notice to the agency and for good cause shown, except that the court shall not stay an administrative decision wherein unemployment compensation benefits have been allowed to a claimant pursuant to title 23, chapter 4.

2. Make any order that it deems proper for the amendment, completion or filing of the record of the proceedings of the administrative agency.

3. Allow substitution of parties by reason of marriage, death, bankruptcy, assignment or other cause.

4. Dismiss parties or realign parties appellant and appellee.

5. Modify, affirm or reverse the decision in whole or in part.

6. Specify questions or matters requiring further hearing or proceedings and give other proper instructions.

7. When a hearing has been held by the agency, remand for the purpose of taking additional evidence when from the state of the record of the administrative agency or otherwise it appears that such action is just.

8. In the case of affirmance or partial affirmance of an administrative decision requiring payment of money, enter judgment for the amount justified by the record and for costs, on which execution may issue.

B. Technical errors in the proceedings before the administrative agency or its failure to observe technical rules of evidence shall not constitute grounds for reversal of the decision, unless it appears to the superior court that the error or failure affected the rights of a party and resulted in injustice to him.

C. On motion of a party before rendition of judgment, the superior court shall make findings of fact and state conclusions of law on which its judgment is based.