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4.6. Judicial review (63G-2-404)

A requester may petition the district court for judicial review of a chief administrative officer’s decision. However, if the decision is that of a political subdivision with a local appeals board, appeal must first be made to the local board. Either a requester or a governmental entity may appeal to the district court for judicial review of either a local appeals board or state records committee decision. A party that chooses to appeal to the state records committee does not waive the right to thereafter appeal to district court. The court will make its decision “de novo.”

As with an appeal hearing before the state records committee, the governmental entity may present evidence and written and oral testimony. The Rules of Civil Procedure apply to all judicial review and a governmental entity involved in judicial review must have legal counsel.