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PART V — JURISDICTION AND COMMENCEMENT

  • 41Appellate jurisdiction, finality, standing, and mootness
  • 42Preservation, standards of review, and prejudicial error
  • 43Criminal appeals as of right
  • 44Civil appellate review
  • 45Appeals from the Administrative Court
  • 46Notice of appeal, cross-appeal, and time to appeal
  • 47Discretionary review by petition for review or certiorari
  • 48Contents of a petition for review
  • 49Opposition, reply, distribution, and disposition of a petition
  • 50Interlocutory review, amendment, and misconception of remedy
  • 51Certified questions of Ridgeway law
  • 52Proceedings within original jurisdiction supplied by law
  • 53Extraordinary writs in aid of appellate jurisdiction
  • 54Mandamus and prohibition
  • 55Habeas-corpus review and quo warranto
  • 56Statutory applications to an individual Justice

PART V — JURISDICTION AND COMMENCEMENT

Rule 45. Appeals from the Administrative Court

Cite asRid. R. Sup. Ct. 45Official text at page 20

In this rule

  • (a)Jurisdictional character
  • (b)Exclusive grounds
  • (c)Time
  • (d)Notice
  • (e)No broader review by consent
  • (f)Record
(a)§

Jurisdictional character

The Court exercises the original jurisdiction assigned by 3 R. Stat. § 141.201 over an appeal from the Administrative Court, but the proceeding is appellate in method: it is decided on the administrative record and the standards in this Rule.

(b)§

Exclusive grounds

An administrative judgment, order, or decree may be appealed only on a claim that:

1.§

the Administrative Court blatantly misapplied a State statute;

2.§

the proceeding or disposition violated a constitutional right or liberty; or

3.§

the Administrative Court abused its discretion.

(c)§

Time

The notice of appeal must be filed within twenty-eight days after entry of the judgment, order, or decree. The period is fixed by statute and may not be extended.

(d)§

Notice

In addition to Rule 46(c), the notice must identify each ground under subdivision (b), the exact challenged ruling, and the portion of the record that preserves it. A bare statement of disagreement is insufficient, but a correctable failure of detail does not defeat a timely notice under Rule 6(b).

(e)§

No broader review by consent

The parties may not enlarge the statutory grounds by stipulation, waiver, or briefing. The Court must dismiss a ground outside subdivision (b).

(f)§

Record

No new evidence may be introduced. If the record is inadequate because the Administrative Court failed to preserve a required proceeding, the Court may order reconstruction, remand for record settlement, or grant other lawful relief.

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