Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-8-7 - Enforcement and Reviewability; Costs; Good Faith7.1. The decision of the hearing examiner shall be final upon the parties and shall be enforceable in the Intermediate Court of Appeals. The grievant or Superintendent may appeal to the Intermediate Court of Appeals on the grounds that the hearing examiner's decision (1) was contrary to law or a lawfully adopted rule or written policy of the State Police, (2) exceeded the hearing examiner's statutory authority, (3) was the result of fraud or deceit, (4) was clearly wrong in view of the reliable, probative and substantial evidence on the whole record, or (5) was arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. The appeal shall be filed in the Intermediate Court of Appeals within 30 days of receipt of the hearing examiner's decision. The decision of the hearing examiner shall not be stayed, automatically, upon the filing of an appeal, but a stay may be granted by the Intermediate Court of Appeals upon separate motion.7.2. The court's ruling shall be upon the entire record made before the hearing examiner, and the court may hear oral arguments and require written briefs. The court may reverse, vacate, or modify the decision of the hearing examiner or may remand the grievance to the Superintendent for further proceedings.7.3. Both the State Police and member shall at all times act in good faith and make every possible effort to resolve disputes at the lowest level of the grievance procedure. The hearing examiner may make a determination of bad faith and in extreme instances allocate the cost of the hearing to the party found to be acting in bad faith.