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      RS 37:388     


§388.  Review of board's orders

A.(1)  Any applicant or licensee who thinks himself aggrieved by any action of the board taken under any of the provisions of this Chapter within thirty days after receipt of a copy of the order of the board may file a petition in the district court for the parish of East Baton Rouge.  

(2)  The petition shall set forth the errors complained of.  

(3)  If, upon consideration of the records, the court finds that the order was unlawful or unreasonable, it may reverse, vacate, or modify it.  

B.  The board shall be the defendant in the suit.  Unless waived, citations and other judicial process shall be served upon the president of the board or if he is absent upon any member of the board or by leaving a copy at the office of the board in the city of Baton Rouge.  

C.  Upon service or waiver thereof, the board shall file its answer accompanied by a transcript of the records of the board, the original papers or transcripts thereof, and a certified transcript of all evidence adduced upon the hearing before the board in the proceedings complained of.  

D.  No proceeding to vacate, reverse, or modify a final order rendered by the board shall stay the execution or effect thereof, in vacation, except on application and three days' notice to the board.  In that event, the petitioner shall execute his bond in a sum prescribed with surety satisfactory to the court conditioned upon the prompt payment of all damages arising from or caused by the delay in the effectiveness or enforcement of the order complained of.  

Acts 1964, No. 309, §1.  Acts 1984, No. 238, §1.  

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