§75-322. Setting aside, modifying or reversing of orders - Remand -

281 words·~1 min read·/ok/title-75-statutes-and-reports/75-322

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Affirmance.

(1)In any proceeding for the review of an agency order, proceeding for the review of an agency order, the Supreme Court or the district court, as the case may be, in the exercise of proper judicial discretion or authority, may set aside or modify the order, or reverse it and remand it to the agency for further proceedings, if it determines that the substantial rights of the appellant or petitioner for review have been prejudiced because the agency findings, inferences, conclusions or decisions, are:

(a)in violation of constitutional provisions; or

(b)in excess of the statutory authority or jurisdiction of the agency; or

(c)made upon unlawful procedure; or

(d)affected by other error of law; or

(e)clearly erroneous in view of the reliable, material, probative and substantial competent evidence, as defined in Section 10 of this act, including matters properly noticed by the agency upon examination and consideration of the entire record as submitted; but without otherwise substituting its judgment as to the weight of the evidence for that of the agency on question of fact; or

(f)arbitrary or capricious; or

(g)because findings of fact, upon issues essential to the decision were not made although requested.

(2)The reviewing court, also in the exercise of proper judicial discretion or authority, may remand the case to the agency for the taking and consideration of further evidence, if it is deemed essential to a proper disposition of the issue.

(3)The reviewing court shall affirm the order and decision of the agency, if it is found to be valid and the proceedings are free from prejudicial error to the appellant. Laws 1963, c. 371, § 22.