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Flashcards in Standards of Judicial Review Deck (4)
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1

Indiana Test

Under AOPA, court must set aside agency action of action was:

(1) Arbitrary, capricious, or an abuse of discretion;

(2) Contrary to the CONSTITUTION;

(3) Contrary to GOVERNING STATUTE;

(4) PROCEDURALLY INVALID; or

(5) UNSUPPORTED BY SUBSTANTIAL EVIDENCE

2

Agency Findings of Fact

Agency’s formal findings of fact WILL BE UPHELD by a reviewing court so long as supported by SUBSTANTIAL EVIDENCE when viewed in the light of the ENTIRE RECORD

3

Federal Agency Interpretations of Law: The Chevron Test

Two steps:

(1) Is the statute CLEAR? (if no, move to step 2)

(2) Was agency's interpretation REASONABLE?

4

Discretionary Policy Judgments

Standard of review = ARBITRARY AND CAPRICIOUS

Agency must show it has:

(1) Engages in REASONED DECISION MAKING;

(2) Used RELEVANT DATA; and

(3) Articulated a THOROUGH RATIONALE for its action