2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VIII - Hearings
§ 470. Judicial review
(a) The Division or any person aggrieved by a final decision or order of the Commission made after hearing or rehearing by the Commission, whether or not a petition for hearing was filed, may obtain judicial review thereof by appeal to the Superior Court in accordance with the Rules of Courts of the Virgin Islands.
(b) Filing of an appeal shall not stay enforcement of the decision or order of the Commission unless the stay is obtained from the court upon application in accordance with the Rules of Courts of the Virgin Islands or from the Commission upon such terms and conditions as it deems proper.
(c) The reviewing court may affirm the decision and order of the Commission, may remand the case for further proceedings, or may reverse the decision if the substantive rights of the petitioner have been prejudiced because the decision is:
(1) In violation of constitutional provisions;
(2) In excess of the statutory authority and jurisdiction of the Commission; or
(3) Arbitrary or capricious or otherwise not in accordance with law.
(d) In order to protect the public interest and the regulatory authority of the Commission, any action by the Commission taken pursuant to the provision of sections 417, 421(d) or 422 of this title shall not be subject to the injunctive authority of the Superior Court prior to the exhaustion of the administrative procedures herein specified, unless it shall appear evident to the court, by clear and convincing evidence, that a manifest denial of justice would be effectuated by the refusal to enjoin the contemplated action of the Commission.
