The commission's order shall be taken as prima facie just and reasonable. No new or additional evidence may be introduced in the circuit court, except as to fraud or misconduct of some person engaged in the administration of this title and affecting the order, ruling or award appealed from, but the court shall otherwise hear the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application of the law; or
(2) The order, decision or award was procured by fraud or was based upon a finding of facts contrary to the substantial weight of the evidence.
However, the court may, instead of setting aside the order, remand the case to the commission for further proceedings in conformity with the direction of the court. The court may, in advance of judgment and upon a sufficient showing, remand the case to the commission for the purpose of taking additional testimony or other proceedings.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 1 - Public Service Commission.
Article 2 - Powers and Duties Generally.
Division 1 - General Provisions.
Section 37-1-120 - Right of Appeal to Circuit Court of Montgomery County - Generally.
Section 37-1-122 - Time for Appeal; How Appeal Perfected.
Section 37-1-123 - Record or Transcript of Proceedings Before Commission.
Section 37-1-124 - Proceedings on Appeal.
Section 37-1-125 - Right to Supersede Order by Giving Bond.
Section 37-1-126 - Superseding Order - Order of Stay or Supersedeas.
Section 37-1-127 - Superseding Order - Statement of Approximate Effect on Revenues.
Section 37-1-128 - Superseding Order - Amount of Bond.
Section 37-1-129 - Superseding Order - Additional Bond.
Section 37-1-131 - Rate Suspension to Affect Only Utilities Giving Bond.
Section 37-1-132 - Right of Appeal to Supreme Court.
Section 37-1-133 - Appeal by Commission or State.
Section 37-1-134 - Appeal by Utility.
Section 37-1-135 - Action on Bond for Damages Resulting From Suspension of Rates or Orders.