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§47-7-102.
§47-7-102.
(a) Any order or act of the Commissioner under the provisions of this
chapter shall be subject to review, at the instance of any party in
interest, by appeal to the county court of the county in which
occurred the accident which is the subject of such order or act. Said
appeal shall be taken by filing a written notice of appeal with the
Commissioner within ten (10) days after such order is made, and filing
within ten (10) days thereafter a petition in the county court of said
county, asking for the vacation or modification of such order, and
there shall be attached to said petition a copy of the order appealed
from. All such appeals filed in the county court shall be set for
hearing by said court within thirty (30) days from the date the
petition is filed.
(b) In case the person appealing desires to have said order stayed
during said appeal, he may file with said petition a supersedeas bond
in a sum of not less than Three Hundred Dollars ($300.00) and not more
than Five Hundred Dollars ($500.00), to be fixed by the court. Said
bond to be conditioned that said appellant will prosecute said appeal
without delay and during the pendency thereof shall comply with and
abide by all the statutes relating to the operation of motor vehicles
upon the highways of this state, and that the appellant will abide by
and perform the final judgment of the court therein and, if said
appeal is denied, the appellant will pay all court costs incurred in
said appeal, both in the county and district court.
(c) An appeal may be taken from the judgment of the county court by
either party to the district court. Said appeal to the district court
shall be taken by the filing of written notice of appeal by either
party to be filed in the county court within ten (10) days after the
rendition of said judgment, and filing within twenty (20) days
thereafter in the district court a complete transcript of the
proceedings had in said county court, including the testimony taken,
duly certified by the clerk of said county court, together with the
order and judgment appealed from. Provided, however, after the filing
of said appeal in the district court, said court may allow a
reasonable time to furnish the transcript of testimony and
proceedings.
(d) In an appeal taken by the Commissioner of Public Safety, the clerk
of the county court shall furnish a complete transcript of the
proceedings, including the testimony taken, duly certified, and no fee
or deposit shall be required by said court clerk.
(e) Said proceedings in the county court and district court shall be
governed by the code of civil procedure in ordinary civil action, and
the county court may, in disposing of the issue before it, modify,
affirm or reverse the order or act of the Commissioner in whole or in
part.
(f) The district court shall have only appelate jurisdiction of such
appeal and shall determine from the record whether said county court
was justified under the law or the evidence presented to render the
order or judgment so entered, and said district court may affirm or
reverse said judgment of the county court and return the case to the
county court for further proceedings.
(g) The Commissioner of Public Safety with his attorney shall file all
notices of appeal taken from the county court and, at the filing
thereof, he may request the county attorney of the county in which the
appeal was taken to assist in all proceedings pertaining to said
appeal, and said county attorney shall render such service upon
request.
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