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(A) Any complainant or respondent claiming to be aggrieved by a final order of the Human Rights Commission made under this subchapter, including a refusal to issue an order, may obtain judicial review thereof, and the Commission may obtain an order of court for the enforcement of Commission orders in a proceeding as provided in this section.
(B) An enforcement proceeding brought by the Commission shall be brought in the District Court in the county in which the alleged discriminatory or unfair practice which is the subject of the Commission’s order was committed, or the county in which any respondent required in the order to cease or desist from a discriminatory or unfair practice or to take other affirmative action resides or transacts business.
(C) Such an enforcement proceeding shall be initiated by the filing of a petition in such Court and the service of a copy thereof upon the respondent. Thereupon, the Commission shall file with the Court a transcript of the record of the hearing before it. The Court shall have the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceedings set forth in such transcript an order enforcing, modifying and enforcing as so modified, or setting aside the order of the Commission, in whole or in part.
(D) An objection that has not been urged before the Commission shall not be considered by the Court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
(E) If no proceeding to obtain judicial review is instituted within 30 days from the service of an order of the Commission under this section, the Commission may obtain an order of the Court for the enforcement of such order upon showing that respondent is subject to the jurisdiction of the Commission and resides or transacts business within the county in which the petition for enforcement is brought.
(F) An aggrieved party of record may obtain judicial review by filing a petition for judicial review in county’s District Court, within 30 days after the Commission has issued or refused to issue a final order.
(G) (1) The petition shall name the Commission as a respondent and shall contain a concise statement of the following:
(a) The nature of the Commission action that is the subject of the petition;
(b) The particular action appealed from;
(c) The grounds on which relief is sought; and
(d) The relief sought.
(2) Service of the petition shall be made as required in I.C.A. § 17A.19.
(H) Where a party files a petition for judicial review, the Commission shall file with the Court a transcript of the record of the hearing before it.
(I) The court shall not itself hear further evidence with respect to issues of fact; however, the Court may remand the case to the Commission for the taking of further evidence upon application by any party, a showing of materiality and that there was good cause for failing to present such evidence before the Commission in the original proceeding. The Commission may modify its findings and decision by reason of additional evidence and shall file that evidence and any modifications, new findings or decision with the court and mail copies to all parties.
(J) The court may affirm the Commission’s action or remand to the Commission for further proceedings. The court shall reverse, modify or grant any other appropriate relief if substantial rights of the petitioner have been prejudiced because the Commission action is:
(1) In violation of constitutional, or statutory law, or the provisions of this chapter;
(2) In excess of the Commission’s authority;
(3) In violation of any Commission rule;
(4) Unsupported by substantial evidence;
(5) Unreasonable, arbitrary or capricious or an abuse of discretion; or
(6) Affected by any other error of law.
(K) Appeal from the District Court may be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.
(2013 Code, § 16-36) (Ord. 14175, passed 2-13-1984)