Appeals

Question 1

Under judicial review a rule is valid IF:

Answer 1

It was properly promulgated per APA
It’s consistent with enabling statute
It’s constitutional

Question 2

A motion for rehearing may be filed where?

Answer 2

With the final decision-maker, whether it’s the agency or SOAH

Question 3

If someone is unhappy with an agency decision in a contested case what is their administrative remedy?

Answer 3

Motion for rehearing

Question 4

When does the petition for review have to be filed? What if the claimant had also filed a motion for rehearing?

Answer 4

Within 30 days of the final order

The order becomes final when the motion is ruled upon.

Question 5

What is the default standard of review in the appeal of a final order? When might the standard be higher?

Answer 5

Substantial evidence — need only a reasonable basis for the decision.

The standard is abuse of discretion for alleged procedural or constitutional violations.

Question 6

How is evidence record considered during appeal of a final order?

Answer 6

The record is limited to what was before the agency when it made its decision.

Question 7

When can an agency change a finding of fact or conclusion of law from SOAH?

Answer 7

Three reasons:
1 ALJ improperly applied or interpreted law, agency procedures, etc.
2 The ALJ’s decision rests on a previous admin decision that was incorrect or should be changed.
3 There was a technical error.