49-321. Appeals

242 words·~1 min read·/az/title-49/49-321

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

A. An order of the director under this chapter is subject to appeal pursuant to title 41, chapter 6, article 10.

B. Except as provided in section 41-1092.08, subsection H, final administrative decisions are subject to appeal to superior court pursuant to title 12, chapter 7, article 6. For the benefit of the people of this state, appeals under this section have precedence, in every court, over all other civil proceedings. The presiding judge for the county in which the appeal has been made shall assign the appeal to the appropriate judge designated by the chief justice of the supreme court pursuant to section 45-406 to hear appeals relating to groundwater.

C. Except as provided in section 49-324, subsection E, the decision shall not be stayed pending appeal, except that the judge to whom the appeal is assigned may stay the decision, with or without bond, on a showing of good cause. In determining whether good cause exists under the circumstances, the court may consider whether:

1. The public interest will be adversely affected by a stay.

2. The stay will harm others.

3. There is a high probability that the appellant will succeed on the merits.

4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.

D. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.