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2013 SESSION

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SB 944 Administrative Process Act; issues on review, duty of court.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Administrative Process Act; issues on review. Provides that when a final decision of an agency is appealed under the Administrative Process Act and the decision on review is to be made based on the agency record established from a formal hearing, the duty of the court with respect to issues of fact is to determine whether there was substantial evidence in the record to support the agency decision. In addition, the bill provides that the court shall enter judgment suspending or setting it aside and remanding  it to the agency for further proceedings, if any.

SUMMARY AS PASSED SENATE:

Administrative Process Act; issues on review. Provides that when a final decision of an agency is appealed under the Administrative Process Act and the decision on review is to be made based on the agency record established from a formal hearing, the duty of the court with respect to issues of fact is to determine whether there was substantial evidence in the record to support the agency decision. In addition, the bill provides that the court shall enter judgment either setting aside, remanding, or affirming the order or decision of the agency.

SUMMARY AS INTRODUCED:

Administrative Process Act; issues on review. Provides that when a final decision of an agency is appealed under the Administrative Process Act and the decision on review is to be made based on the agency record established from a formal hearing, the duty of the court with respect to issues of fact is to determine whether there was substantial evidence in the record to support the agency decision. The bill also provides that in such appeals the duty of the court with respect to issues of law is to review the agency decision de novo. In addition, the bill provides that the court shall enter judgment either setting aside, modifying, remanding, or affirming the order or decision of the agency. Under the bill the court may augment the agency record in whole or in part upon motion of either party.