Judicial Review of Agency Action: Review Standards

Question 1

Formal Rulemaking/Adjudication

Answer 1

Must be supported by substantial evidence in the hearing record. Record as a whole would permit a reasonable person to make the finding

Question 2

Informal Rulemaking/Adjudication

Answer 2

Abuse of discretion/Arbitrary and Capricious

Question 3

Review Of Legal Conclusions: Agency Interpreting Its Own Statute

Answer 3

Courts give deference to Agency’s reasonable construction of ambiguous statute implanted by that agency.

OREGON: does not have this, court will interpret statute themselves.

Question 4

Review of Legal Conclusion: Agency NOT interpreting its own Statute

Answer 4

No deference: Error of Law Standard, Reviewing court can decide anew (de novo) whether agency correctly applied law