Section 153:6 Review. - New Hampshire Statutes

Any person or corporation aggrieved by any such rule or regulation may apply by petition to the superior court in the county in which such person or corporation resides or has its principal place of business, for a review of such rule or regulation, within 90 days after the effective date thereof. No such petition shall suspend the operation of the rule or regulation complained of; provided that the superior court may order a suspension of such rule or regulation pending the determination of such petition for review, whenever in the opinion of the court, justice may require such suspension. In the trial of such petition for review, the court shall consider not only the record of evidence presented to the state fire marshal but also such additional evidence as the parties may offer. The court may hold unlawful and set aside rules and regulations of the state fire marshal found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege or immunity; (3) in excess of statutory jurisdiction, authority or limitations; (4) without observance of procedure required by law; (5) unsupported by substantial evidence; or (6) unwarranted by the facts as found by the court. The court may make such final order or decree as justice may require.

Source. 1947, 251:1, par. 6. RSA 153:6. 1971, 486:5, eff. July 2, 1971.