Page:United States Statutes at Large Volume 77.djvu/646

 614

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

part of the proceedings in the court below shall constitute the record on appeal, and may require that the original papers, instead of copies thereof, be sent to it. It may not require that the record or briefs on appeal be printed. If they are printed, the cost of printing may not be taxed as costs in the case. § 17-303. Appeals from administrative orders and decisions; petition; record; procedure (a) An appeal from an order or decision of an administrative agency, as provided for by section 11-742, is commenced by filing in the District of Columbia Court of Appeals, within the time prescribed pursuant to section 17-307(a), the written petition for review provided by section 11-742 (c). Upon the filing of the petition, the clerk of the court shall forthwith, by mail, serve a copy thereof upon the agency affected by the petition. After receipt of the copy of the petition, the agency shall certify and file in the court the original papers comprising the record or any supplementary record, or certified copies of the papers. Upon the filing of the papers, the clerk shall immediately notify the petitioner of the filing. (b) The District of Columbia Court of Appeals may by rule prescribe: (1) the form and contents of the petition provided for by this section; and (2) the time within which the agency affected by the petition shall certify and file the original papers or certified copies thereof as provided by this section— and regulate generally all matters relating to proceedings on an appeal referred to in this section. § 17-304. Stay upon application for review of, or pending appeal from, administrative order or decision (a) An application for review, or pendency of an appeal, provided for by section 17-303, does not operate as a stay of the order or decision from which the appeal is taken: (1) in any case where, under existing law, a stay may not be granted; or (2) in any other case unless so ordered by the Board of Commissioners of the District of Columbia, or by the District of Columbia Court of Appeals as provided by subsection (b) of this section. (b) For good cause shown, and upon such conditions as may be required and to the extent necessary to prevent irreparable injury, the court may take appropriate and necessary action to preserve the status or rights pending conclusion of the review proceedings provided for by section 17-303. §17-305. Scope of review (a) In considering an order or judgment of a lower court or any of its branches, brought before it for review, the District of Columbia Court of Appeals shall review the record on appeal. When the issues of fact were tried by jury, the court shall review the case only as to matters of law. When the case was tried without a jury, the court may review both as to the facts and the law, but the judgment may not be set aside except for errors of law unless it appears that the judgment is plainly wrong or without evidence to support it. (b) The District of Columbia Court of Appeals shall hear and determine appeals from orders or decisions of administrative agencies upon the record of proceedings before the appropriate agency to be certified to the court under rules or instructions as the court from time to time prescribes. In such cases, it shall limit its review to those issues

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