28-32-47. Scope of and procedure on appeal from agency rulemaking

28-32-47. Scope of and procedure on appeal from agency rulemaking 1. A judge of the district court shall review an appeal from an administrative agency's or ethics commission's rulemaking action based only on the record filed with the court. If an appellant requests documents to be included in the record but the agency or commission does not include them, the court, upon application by the appellant, may compel their inclusion. After a hearing, the filing of briefs, or other disposition of the matter as the judge may reasonably require, the court shall affirm the rulemaking action unless it finds that any of the following are present: a. The provisions of this chapter have not been substantially complied with in the rulemaking actions. b. A rule published as a result of the rulemaking action appealed is unconstitutional on the face of the language adopted. c. A rule published as a result of the rulemaking action appealed is beyond the scope of the agency's or commission's authority to adopt. d. A rule published as a result of the rulemaking action appealed is on the face of the language adopted an arbitrary or capricious application of authority granted by statute. 2. If the rulemaking action of the agency or commission is not affirmed by the court, the rulemaking action must be remanded to the agency or commission for disposition in accordance with the order of the court, or the rule or a portion of the rule resulting from the rulemaking action of the agency or commission must be declared invalid for reasons stated by the court.