A. Judicial review of hearing board decisions shall be pursuant to the provision of A.R.S. Title 12, Chapter 7, Article 6, Sections 12-901 et seq., except as provided in this section.
B. Within thirty days after service of notice of a final decision or order of the board, or an order denying a rehearing timely applied for, any person who was a party of record in the proceedings before the board, including the control officer of department authorized or designated to enforce air pollution regulations, may appeal therefrom to the superior court in the county in which the hearing was conducted and the scope of such review shall be determined pursuant to A.R.S. 12-910.
C. A notice of appeal, designating the ground therefore, and a demand in writing for a certified transcript of the testimony and exhibits shall be filed with the court and served on the board. After receipt of the demand, accompanied by payment of a fee of the current prevailing rate for transcript, and one dollar for certification thereof, the board shall make and certify the transcript and file it with the clerk of the court to which the appeal has been taken within thirty days, unless extended by agreement of the parties or order of the court.
D. When an appeal is taken from an order or decision of the board, such order or decision shall remain in effect pending final determination of the matter, unless stayed by the court, on a hearing after notice to the board and upon a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting a stay.
E. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
(Ord. 1993-128 § 1 (part), 1993)