Judicial review; special action

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20-481.30. Judicial review; special action

A. Notwithstanding section 20-166, any person aggrieved by any act, determination, rule, regulation or order or any other action of the director pursuant to this article may appeal to the superior court in Maricopa county. The court shall conduct its review without a jury and by trial de novo, except that if all parties, including the director, so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.

B. The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the director to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interest of policyholders, shareholders, creditors or the public.

C. Any person aggrieved by any failure of the director to act or make a determination required by this article may institute proceedings for a special action in the superior court in Maricopa county directing the director to act or make such determination.


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