517 



Part Two 

 Judicial Review 



5.201 - Review 



(a) Upon the petition of any person or governmental agency aggrieved, any final order, 

 decision or action of the Department made or taken after hearing or with respect to which a 

 hearing is required, and any other order, decision or action which this act provides shall be 

 subject to judicial review, may be reviewed by any court of competent jurisdiction. The peti- 

 tion for review shall be filed within thirty (30) days after the date of such order, decision or 

 action of the Department. Upon the filing of the petition the Clerk of Court shall forthwith, 

 by mail, serve a copy thereof upon the Department which shall thereupon file in the court a 

 certified list of the materials comprising the record of the proceedings and hold for the court 

 all such materials and transmit the original or certified copies of the same or any part there- 

 of to the court, when and as required by it, at any time prior to the final determination of the 

 review. 



(b) The filing of a petition for review shall not operate as a stay of the operation of such 

 order or decision unless so ordered by the Department or by the court for good cause shown. 

 For good cause shown, and upon such conditions as may be required and to the extent neces- 

 sary to prevent irreparable injury, the court may take appropriate and necessary action to pre- 

 serve the status quo or rights of any of the parties, or others, pending conclusion of the re- 

 view proceedings. 



(c) The court without a jury shall hear and decide the review on the record of proceedings 

 before the Department, and may affirm the decision of the Department or remand the case for 

 further proceedings; or it may reverse or modify the decision if the findings, conclusions or 

 decision, are (1) in violation of constitutional or statutory provisions, or (2) in excess of the 

 authority of the Commission, or (3) made upon unlawful procedure, or (4) affected by other 

 error of law, or (5) unsupported by substantial evidence on the record considered as a whole, 

 or (6) arbitrary, capricious, or an abuse of discretion. The court may appoint a special mas- 

 ter to take evidence and make recommendations to the court with respect to any question 

 raised in a petition for review if the court is of the opinion that the question can not be ade- 

 quately determined from the record of the proceedings before the Department and that the in- 

 terest of justice so requires. 



5.202 - Appeal 



Any petitioner may secure a review of any final judgment of the court by appeal to the 

 Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals from 

 law courts in other civil cases. 



Part Three 

 Enforcement by the Department 



5.301 — Injunction 



The Department may enforce or require compliance with any provision of this act or any 

 rule, regulation, decision or order of the Department mode pursuant thereto, or restrain any 



