(5) |
(a) |
The board may petition the district court to enforce the order and for appropriate temporary relief or for a restraining order. |
(b) |
The board shall certify and file in the court:
(i) |
a transcript of the entire record in the proceeding; |
(ii) |
the pleadings and testimony upon which the order was entered; and |
(iii) |
the findings and order of the board. |
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(c) |
When the petition is filed, the board shall serve notice on all parties to the action. |
(d) |
Upon filing of the petition, the court has jurisdiction of the proceeding and of the question to be determined. |
(e) |
The court may grant temporary relief or a restraining order, and, based upon the pleadings, testimony, and proceedings set forth in the transcript, order that the board’s order be enforced, modified, or set aside in whole or in part. |
(f) |
The court may not consider any objection that was not presented before the board, its member, agent, or agency, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. |
(g) |
The board’s findings of fact, if supported by evidence, are conclusive. |
(h) |
(i) |
If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the board, its member, agent, or agency, the court may order additional evidence to be taken before the board, its member, agent, or agency, and to be made part of the transcript. |
(ii) |
The board may modify its findings as to the facts, or make new findings, because of the additional evidence taken and filed. |
(iii) |
The board shall file the modified or new findings, which, if supported by evidence, are conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. |
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