Arizona Laws 23-325. Judicial review of commission decisions; scope of review; appeal procedure; action of reviewing court
A. All questions of fact arising under this article, except as otherwise provided, shall be decided by the commission, but there shall be the right of appeal from the decision of the commission on any question of law or fact, and there shall be a right of review by the superior court on any decision on a question of law or fact included or embodied in a decision or order of the commission.
Terms Used In Arizona Laws 23-325
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-311
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
B. The review may be had by filing, within thirty days after the decision of the commission, an action in the superior court of the county wherein the contract of employment was entered. The commission shall be named defendant in the action. Summons shall issue and be served as in civil actions. The county attorney of the county where the action is filed shall represent the commission.
C. Within twenty days after the date of service of summons on the commission a transcript of the evidence and testimony offered at the hearing shall be filed with the clerk of the court, and the review shall be had upon the transcript offered and upon other evidence. The review shall not stay the order of the commission until the order is reversed, vacated or modified by the court.
D. Upon setting aside a decision of the commission, the court may recommit the controversy and remand the record in the case for further proceedings.
E. Either party may appeal to the supreme court from the judgment in the time and manner provided for appeals from superior courts in civil actions.