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28 <br /> <br />D. Judicial Review of Appeal. <br /> <br />1. Any party, including the City, the Washington State Department of <br />Ecology, the United States Environmental Protection Agency, or the <br />user/appellant, is entitled to review of the final determination of the hearing <br />examiner in the Snohomish County Superior Court. Provided, that any <br />petition for review shall be filed no later than thirty (30) calendar days after <br />date of the final determination. <br />2. Copies of the petition for review shall be served as in all civil actions. <br />3. The filing of the petition shall not stay enforcement of the final <br />determination except by order of the superior court and on posting of a <br />bond to be determined by the court naming the City as beneficiary. <br />4. The review shall be conducted by the court without a jury. The record shall <br />be satisfied by a narrative report certified by the hearing examiner and no <br />verbatim record of proceedings before the hearing examiner shall be <br />required to be presented to the superior court. <br />5. The court may affirm the final determination or remand the matter for <br />further proceedings before the hearing examiner; or the court may reverse <br />the final determination if the substantial rights of the petitioners may have <br />been prejudiced because the final determination was: <br />(a) In violation of constitutional provisions; or <br />(b) In excess of the authority or jurisdiction of the hearing examiner; <br />or <br />(c) Arbitrary and capricious. <br />