61-6-106. Appeal to court. (1) At any time within 60 days after the rendition of any decision or order by the department under the provisions of this part, any party in interest may appeal to the district court of the judicial district of the state of Montana, in and for any county wherein any party in interest may reside or in which any party in interest which is a corporation may have its principal office, or place of business, and said appeal may be for the purpose of having the lawfulness of any order, decision, or act of the department inquired into and determined. The court shall determine whether the filing of an appeal shall operate as a stay of any order or decision of the department.
     (2) Said appeal shall be taken by serving a written notice of said appeal upon the department, which said service shall be made by delivering a copy of such notice to the department and filing the original thereof with the clerk of the court to which said appeal is taken. A copy of such notice must also be served upon all other parties in interest, if there be any, by mailing the same to said parties in interest to such addresses of such parties as such parties shall have left with the department. If such parties shall have left no address with the department, then no service on such parties shall be required. The order of filing and service of said notice is immaterial.
     (3) Immediately upon service upon said department of said notice, the department shall certify to said district court a complete record of all proceedings had by it with reference to the decision, order, or act appealed from, together with all official forms or documents in the possession of said department pertaining to said decision, order, or act and all correspondence and other written matter in the possession of said department pertaining to said decision, order, or act, with the clerk of the district court.
     (4) Immediately upon the return of such certified matter, the district court shall fix a day for the hearing of said appeal and shall cause notice to be served upon the department and upon the appellant and also upon any other parties in interest upon whom service was required under the provisions of this section. The court may upon the hearing for a good cause shown permit evidence in addition to the matter certified by the department to the court, but in the absence of such permission from the court, the cause shall be heard on the matter certified to the court by the department. The trial of the matter shall be de novo, without a jury, and upon such trial the court shall determine whether or not the department regularly pursued its authority, whether or not the findings of the department ought to be sustained, and whether or not such findings are reasonable under all circumstances of the case. The department and each party in interest shall have the right to appear in the proceeding.
     (5) If the court shall find from such trial, as aforesaid, that the findings and conclusions of the department are not in accordance with either the facts or the law or that they ought to be other or different from those made by the department or that any finding and conclusion or any decision, order, act, rule, or requirement of the department is unreasonable, the court shall set aside such finding, conclusion, decision, order, act, rule, or requirement of said department or shall modify or change the same as law and justice shall require, and the court shall also make and enter any finding, conclusion, order, or judgment that shall be required or shall be legal and proper in the premises. Either the department or the appellant or any other party in interest, if there be any, may appeal to the supreme court from any final order, judgment, or decree of said district court, which said appeal shall be taken in like manner as appeals are now taken in other civil actions to the supreme court.
     (6) Upon such appeal, the supreme court shall make such orders in reference to a stay of proceedings as it finds to be just in the premises and may stay the operation of any order, judgment, or decree of said district court without requiring any bond or undertaking from the applicant for such stay. When any such cause is so appealed, it shall have precedence upon the calendar of said supreme court upon the record made in said district court and upon the matters certified to or which ought to have been certified by said department to said district court, and judgment and decree shall be entered therein as expeditiously as possible.

     History: En. Sec. 2, Ch. 204, L. 1951; amd. Sec. 1, Ch. 164, L. 1957; R.C.M. 1947, 53-419(c); amd. Sec. 1, Ch. 503, L. 1985.