57-9-203 - Review of action of commission Appeal to supreme court. - Tennessee Statutes

57-9-203. Review of action of commission Appeal to supreme court.

(a)  The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made.

(b)  Immediately upon the grant of the writ of certiorari the commission shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commission. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript unless the time be extended by the court.

(c)  The decision of the commission shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commission, and neither party shall be entitled to introduce any additional evidence in the circuit court. The confiscated goods shall not be sold pending such review, but shall be stored by the commission until the final disposition of the case.

(d)  Within the discretion of the commission, the claimant may be awarded possession of the confiscated goods pending the decision of the circuit court under the petition of certiorari; provided, that the claimant shall be required to execute a bond payable to the state of Tennessee in an amount double the value of the property seized, the sureties to be approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the property awarded to the claimant.

(e)  Either party dissatisfied with the judgment or decree of the circuit court may upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any such appeal is made, the clerk of the circuit court in which such suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commission. The appeal shall be advanced upon the docket of the supreme court as one of such precedence, and heard as promptly as practicable.

[Acts 1941, ch. 119, § 3; 1945, ch. 88, § 1; C. Supp. 1950, § 6648.26 (Williams, § 6648.28); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-624; Acts 1981, ch. 449, § 2.]