(a) Any retailer, vendor or applicant for a retailer or vendor contract aggrieved by an action of the board may appeal that decision to the first judicial district court. (b) The first judicial district court shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be: (i) Clearly erroneous; (ii) Arbitrary and capricious; (iii) Procured by fraud; (iv) A result of substantial misconduct by the board; or (v) Contrary to the United States constitution or the constitution of Wyoming or the provisions of this chapter. (c) The district court may remand an appeal to the board to conduct further hearings. (d) Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld.
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