§ 29-3-110. APPEAL.

(a)

Right to appeal. Within 30 days after the Commission's issuance of a decision and order under this title, a party to the proceeding that is aggrieved by the decision and order of the Commission may appeal the decision and order to the Board of Appeals.

(b)

Board hearing; Commission a party.

(1)

The Board of Appeals shall hear the appeal in accordance with the rules of procedure adopted by the Board.

(2)

The Commission shall be a party to all appeals and shall be represented at a hearing by the County Attorney.

(c)

Burden of persuasion on the aggrieved party. The decision and order of the Commission shall be presumed correct and the party aggrieved shall have the burden of persuasion to show that the Commission's decision and order was arbitrary or capricious, procured by fraud, or otherwise illegal.

(1988 Code, § 19-44) (Bill No. 31-00, § 2, 7-1-2004; Bill No. 74-03, § 7, 7-1-2004)