(A) Rehearing by the Board. After a determination has been made on any application by the Board, any interested person may, within 20 days after notice of the determination or finding of the Board, apply for a rehearing with respect to any of the matters determined by the Board. The application shall specify the matter of which a rehearing is sought. The Board shall fix the time for the rehearing within 20 days after the same is filed with the secretary of the Board, in no event to be less than 60 days from the date of the application is filed unless otherwise agreed by the parties. Upon the rehearing a complete transcript shall be made of all evidence presented. The cost of the transcript shall be borne equally by the applicant for the rehearing and the Board. Upon rehearing, the Board may change, modify, vacate or affirm its previous order upon said application and enter such an order as it deem necessary.
(B) Appeals to Circuit Court.
(1) The order or determination of the Board upon the rehearing shall be conclusive and binding, but any interested party may, within 20 days after the rendition of the order of the Board, by petition appeal to the Circuit Court of the County in which the city of the second class is located for a review of the order of the Board.
(2) The petition shall state fully the grounds upon which a review is sought, assign all errors relied on and be verified by the petitioner who shall furnish a copy to the Board at the time of the filing of same. Summons shall be issued directing the Board to answer within 20 days and directing the Board to send the original record to the Circuit Clerk certifying that such record is the entire original record of the rehearing which shall be filed by the Clerk of the Circuit Court and such record shall then become and be considered by the Circuit Court on the review. The appeal provided for herein shall not be considered effective unless the person making the appeal has paid to the Board one-half of the cost of the transcript of the record of the rehearing within the period provided for making the appeal.
(3) No new or additional evidence may be introduced in the Circuit Court except as to fraud or misconduct of some person engaged in the administration of this subchapter, and affecting the order, decision or determination appealed from, but the court shall otherwise hear the case upon the record as certified by the Board and shall dispose of the cause in summary manner, its review being limited to determining whether or not:
(a) The Board acted without or in excess of its powers;
(b) The order, decision or determination was procured by fraud;
(c) The order, decision or determination of the Board is not in conformity with the provision of this subchapter.
(d) If finding of fact are in issue the party seeking to set aside and order, decision or determination of the Board shall have the burden of proof to show by clear and satisfactory evidence that the order, decision or determination is unreasonable or unlawful. If upon appeal as herein provided the order, decision or determination of the Board is reversed the party perfecting the appeal shall be refunded by the Board his portion of the cost paid for the transcript of the record made on the hearing.
(4) The Board and each interested party may appear before the Circuit Court. The court shall enter judgement affirming, modifying or setting aside the order, decision or determination appealed from, or in its discretion remand the cause to the Board for further proceedings in conformity with the direction of the court. The court may, before judgment and upon a sufficient showing of fact, remand the cause to the Board.
(C) Appeal to Court of Appeals.
(1) The judgment of the Circuit Court shall be subject to appeal to the Court of Appeals. The scope of review by the Court of Appeals shall include all matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and upon appeal made reviewable by the rules of procedure.
(2) The procedure as to appeal to the Court of Appeals shall be the same as in civil actions so far as it is applicable to and not in conflict with this subchapter.
(Ord. 87-26, passed 7-28-87)