59-1-610. Standard of review of appellate court.
101 words·~1 min read·
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59-1-610. Standard of review of appellate court.
(1)When reviewing formal adjudicative proceedings commenced before the commission, the Court of Appeals or Supreme Court shall:
(a)grant the commission deference concerning its written findings of fact, applying a substantial evidence standard on review; and
(b)grant the commission no deference concerning its conclusions of law, applying a correction of error standard, unless there is an explicit grant of discretion contained in a statute at issue before the appellate court.
(2)This section supercedes Section 63G-4-403 pertaining to judicial review of formal adjudicative proceedings.
Amended by Chapter 382 , 2008 General Session