Rule 6 Hearing and Disposition
Rule Text
(a) The review of the decision shall be conducted by the trial court without a jury and shall only consider evidence which was made part of the record in the proceeding before the administrative agency, unless there are alleged irregularities in the procedure before the agency not shown on the record.
(b) The trial court may, on its own motion, or motion of any party, issue a schedule providing for submission of briefs as provided herein by any party, and may hold oral argument, or may issue a ruling on the petition without oral argument.
(c) In the event a party alleges irregularities in the procedure before the agency, the trial court may hold a hearing and consider other testimony and evidence solely on that issue. A request for oral argument or an evidentiary hearing on matters not in the record below shall be made by the petitioner along with the filing of the petition. Respondent may request, and respond to petitioner’s request, for oral argument or an evidentiary hearing by motion within eleven days of petitioner’s request. The trial court shall rule on the request within thirty days of the petition, and the granting thereof is at the trial court’s discretion.
(d) A final judgment shall be entered in an administrative appeal within six months of the filing of the Petitioner’s Reply Brief or if none, within six months of the filing of the final brief.
(e) Trial court remedies. The trial court may:
(1) order any remedy provided for in 1 CMC § 9112; or
(2) order any other remedy appropriate to the facts and circumstances of a particular appeal, including but not limited to remanding the case to the agency for further action if it finds that either the fairness of the proceedings or the correctness of the action has been impaired by a material error in procedure or a failure to follow prescribed procedure and the error cannot be corrected in the trial court proceedings.
(f) If the trial court sets aside agency action or remands the case to the agency for further proceedings, it may make such interlocutory order as it finds necessary to preserve the interests of any party and the public pending further proceedings or agency action.
(g) The judgment of the trial court shall be final unless reversed, vacated or modified on appeal to the Commonwealth Supreme Court in accordance with 1 CMC § 9113.