- (a) Any order or act of the Commissioner under the provisions of this chapter shall be subject to review, at the instance of any party in interest, by appeal to the county court of the county in which occurred the accident which is the subject of such order or act. Said appeal shall be taken by filing a written notice of appeal with the Commissioner within ten (10) days after such order is made, and filing within ten (10) days thereafter a petition in the county court of said county, asking for the vacation or modification of such order, and there shall be attached to said petition a copy of the order appealed from. All such appeals filed in the county court shall be set for hearing by said court within thirty (30) days from the date the petition is filed.
- (b) In case the person appealing desires to have said order stayed during said appeal, he may file with said petition a supersedeas bond in a sum of not less than Three Hundred Dollars ($300.00) and not more than Five Hundred Dollars ($500.00), to be fixed by the court. Said bond to be conditioned that said appellant will prosecute said appeal without delay and during the pendency thereof shall comply with and abide by all the statutes relating to the operation of motor vehicles upon the highways of this state, and that the appellant will abide by and perform the final judgment of the court therein and, if said appeal is denied, the appellant will pay all court costs incurred in said appeal, both in the county and district court.
- (c) An appeal may be taken from the judgment of the county court by either party to the district court. Said appeal to the district court shall be taken by the filing of written notice of appeal by either party to be filed in the county court within ten (10) days after the rendition of said judgment, and filing within twenty (20) days thereafter in the district court a complete transcript of the proceedings had in said county court, including the testimony taken, duly certified by the clerk of said county court, together with the order and judgment appealed from. Provided, however, after the filing of said appeal in the district court, said court may allow a reasonable time to furnish the transcript of testimony and proceedings.
- (d) In an appeal taken by the Commissioner of Public Safety, the clerk of the county court shall furnish a complete transcript of the proceedings, including the testimony taken, duly certified, and no fee or deposit shall be required by said court clerk.
- (e) Said proceedings in the county court and district court shall be governed by the code of civil procedure in ordinary civil action, and the county court may, in disposing of the issue before it, modify, affirm or reverse the order or act of the Commissioner in whole or in part.
- (f) The district court shall have only appellate jurisdiction of such appeal and shall determine from the record whether said county court was justified under the law or the evidence presented to render the order or judgment so entered, and said district court may affirm or reverse said judgment of the county court and return the case to the county court for further proceedings.
- (g) The Commissioner of Public Safety with his attorney shall file all notices of appeal taken from the county court and, at the filing thereof, he may request the county attorney of the county in which the appeal was taken to assist in all proceedings pertaining to said appeal, and said county attorney shall render such service upon request.
Laws 1961, HB 556, p. 353, § 7-102.