Appeals from Determination of the Director

Appeals from Determinations of the Director. Any person aggrieved by a determination or failure to act of the director may appeal the matter to the Commonwealth Trial Court. The court shall uphold the action of the director if it is supported by evidence found in the record taken as a whole. The court may hold a trial de novo on disputed issues of fact. Source: PL 3-104, § 1103. Commission Comment: With respect to the references to the “director” of the Department of Commerce and Labor, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001. Section 4 of PL 6-25, the “Commonwealth Judicial Reorganization Act of 1989,” provides that “[w]herever the term ‘Commonwealth Trial Court’ appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court.”