52-06-27. Judicial review of decision - Petition - Filing.
381 words·~2 min read·
/nd/title-52/chapter-52-06-benefits/52-06-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A party to proceedings before the bureau may obtain a judicial review of the decision of the bureau by filing a petition for review within thirty days after the date of mailing the bureau's decision to the party at the party's last-known address, or in the absence of mailing, within thirty days after delivery of the decision to the party. The petition for review must be filed in the district court of the county in which the petitioner resides, must be verified, and must state the grounds upon which review is sought.
All other parties to the proceeding before the bureau must be parties respondent. The bureau is deemed to be a party to any such proceeding. If the bureau is a party respondent, the petition must be served upon it by leaving with it or its chairman, or any other representative as it may designate for that purpose, as many copies of the petition as there are respondents. With its answer or petition, the bureau shall certify and file with the court a verified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the bureau's findings, conclusions, and decision therein.
Upon the filing of a petition for review by the bureau or upon the service of the petition upon it, the bureau forthwith shall send by registered mail to each other party to the proceeding a copy of such petition and such mailing is deemed to be completed service upon all such parties. In any proceeding under this section the finding of the bureau as to the facts, if supported by evidence and in the absence of fraud, is conclusive and the review by the court must be confined to questions of law.
Such proceedings must be heard by the court and must be given precedence over all other civil cases except cases arising under the workforce safety and insurance statute of this state. An appeal may be taken from the decision of the district court to the supreme court of this state in the same manner as is provided in civil cases. Upon the final termination of such judicial proceeding, the bureau shall enter an order in accordance with the mandate of the court.