Page:United States Statutes at Large Volume 68 Part 1.djvu/1081

 68 S T A T. ]

PUBLIC LAW 755-AUG. 31, 1954

1049

"(9) any final decision of the Real Estate Commission of the District of Columbia denying an application for license or suspending or revoking a license under the provisions of the Act of August 25, 1937 (ch. 760, 50 Stat. 788; secs. 45-1403 to 1418, D. C. Code, 1951 edition). "(f) Any person aggrieved by any such decision or order may view!"^°" ^°' '^' obtain a review thereof by filing in the Municipal Court of Appeals a written petition for review praying that the decision or order be set aside. The court may by rule prescribe the form and contents of the petition and regulate generally all matters relating to proceedings on such appeals. The petition for review shall be filed in said court within such time as said court may by rule prescribe and a copy of such petition shall forthwith be served by mail by the clerk of the court upon the agency affected thereby. Within such time as may be fixed by rule of the court such agency shall certify and file in thel court the original papers comprising the record or any supplementary record or in the discretion of the agency, certified copies of such papers, and the clerk of the court shall immediately notify the petitioner of the filing thereof. Upon the filing of the petition for review, the court shall have jurisdiction of the proceeding and shall have power to affirm, modify, or set aside the decision or order complained of, in whole or in part, and, if need be, to remand the case for further proceedings, as justice may require: Provided, however, That no application for review or pendency of an appeal shall operate as a ^tay of the operation of any such decision or order in any case where, under existing law, a stay may not be granted, nor shall such application operate as a stay in any other case unless so ordered by the Commissioners of the District of Columbia or by said court for good cause shown; and for good cause shown and upon such conditions as may be required and to the extent necessary to prevent irreparable injury, the court is authorized to take appropriate and necessary action to preserve the status or rights pending conclusion of the review proceedings; that all appeals shall be heard and determined upon the record of proceedings before the appropriate board or agency to be certified to this court in accordance with such rules or instructions as the court may from time to time prescribe, and the review of all decisions or orders by said court shall be limited to such issues of law or fact as are subject to review on appeal under the applicable provisions of existing law, or, if there be no statutory limitation, by such rules of law as define the scope and limitations of review of administrative proceedings, and which rules, by way of elaboration and not limitation, shall include the power of the court— "(1) so far as necessary to decision and where presented to decide all relevant questions of law, to interpret constitutional and statutory provisions, and to determine the meaning or applicability of the terms of any agency action; and " (2) to hold unlawful and set aside agency action, findings and conclusions found to be (A) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence or facts in the record of the proceedings before the court, or (F) unwarranted by the facts. In making the foregoing determinations, due account shall be taken of the rule of prejudicial error. Any party aggrieved by any judgment of the Municipal Court of Appeals for the District of Columbia may seek a review thereof by the United States Court of Appeals for

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