Except for the time for filing the notice of appeal, the procedure on appeal to the circuit court from the judgment of an inferior court or decision of an administrative agency or tribunal shall be in accordance with the statutes providing such appeals. Notice of appeal to the circuit court must be served on all parties within thirty (30) days after receipt of written notice of the judgment, order or decision appealed from. In all such appeals the notice of intention to appeal shall be filed with the clerk of the court to which the appeal is taken and with the inferior court or administrative agency or tribunal within the time provided by the statute, or by this rule when no time is fixed by statute, for service of the notice of intention to appeal. The proceedings in the circuit court shall be in accordance with these rules, and priority shall be given to the hearing and disposition of such appeals in accordance with law.
This amendment makes the time for filing a notice of appeal to the circuit court thirty days in all cases and conforms to the Administrative Procedures Act.
A. Introduction
The circuit court sits as an appellate court in certain civil matters. Rule 74 sets a uniform time for the serving a notice of appeal at thirty days from the receipt of the order or decision appealed. The rule provides for service of the notice on all parties, with a notice of intention to appeal filed with the clerk of the circuit court and the clerk of the inferior court, agency, or tribunal. The rule makes clear, however, that the procedure governing the appeal is controlled by the relevant statute, except for the time for filing the notice of appeal.2 Thus, the 30-day time period to serve the notice of appeal on all parties is not a subject matter jurisdictional requirement.3 The appellate proceedings in the circuit court, however, are governed by the civil rules.
B. Appeals from Administrative Agencies
Determination of the proper appellate tribunal for decisions of administrative and regulatory agencies is complex and is largely dependent on the agency involved. In at least one case, the appeal from an administrative agency is directly to the Supreme Court.4 The Administrative Law Court adjudicates contested cases involving some agencies,5 and is the first level of appeal for other executive agency decisions.6 Final decisions of the Administrative Law Court are appealed to the Court of Appeals and are governed by the Appellate Court Rules regarding matters of form. However, the APA sets the standard for determining the appealability of an order from that tribunal and not § 14-3-330.7
The circuit court sits as an appellate court and reviews the final decisions from some administrative and regulatory agencies.8 An appeal to the circuit court from an administrative or regulatory agency may be to any circuit court so long as the choice is not arbitrary or unreasonable9 or the venue is otherwise set by statute.10 The appellant files a petition in the circuit court within 30 days after the decision. A responsive pleading is not required.11
The scope of judicial review of administrative agencies is established by the Administrative Procedures Act.12 There is limited judicial review of findings of fact. The circuit court may not substitute its judgment on the weight of the evidence for that of the agency. The agency decision must be accepted if there is substantial evidence supporting it. Substantial evidence is defined as "neither a scintilla of evidence nor evidence viewed blindly from one side of a case, but rather is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the administrative agency reached."13 The circuit court must accept the agency's judgment when there is substantial evidence supporting the decision even though reasonable men could reach different, even inconsistent, conclusions from that evidence.14
The circuit court, however, may reject the agency's decision if there is no evidence to support it, and it is clearly erroneous in view of the substantial evidence on the whole record.15 The circuit court can also reverse or modify an agency decision if there is an error of law or the decision is arbitrary and capricious or an abuse of discretion.16 A decision to remand the matter to the agency for further proceedings is not immediately appealable.17
Because the circuit court is hearing the matter on appeal, it normally does not have the authority to order discovery or to impose sanctions for discovery abuse. The Administrative Procedures Act, however, does authorize the court to remand to gather new evidence or if there has been an irregularity in the agency proceeding.18
C. Appeals from Probate Courts
Appeals from the probate court to the circuit court are heard in the county where the action was originally brought.19 The time for appeal is set by statute at ten days from receipt of written notice of the order, and not by the 30 days mentioned in Rule 74.20 The circuit court applies the same appellate standard that the Court of Appeals or Supreme Court would apply if hearing the case.21 Thus, if the action in the probate court was founded in equity, the circuit court, sitting as an appellate court, has the power to make findings in accordance with its own view of the preponderance of the evidence.22 If the action is at law, the circuit court will not disturb the probate court's findings of fact unless there is no evidence to support them in the record.23
At one time the appellate courts applied a rule of limited appellate review in cases...
