Standards of Judicial Review

Question 1

Indiana Test

Answer 1

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

Question 2

Agency Findings of Fact

Answer 2

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

Question 3

Federal Agency Interpretations of Law: The Chevron Test

Answer 3

Two steps:

1) Is the statute CLEAR? (if no, move to step 2
(2) Was agency’s interpretation REASONABLE?

Question 4

Discretionary Policy Judgments

Answer 4

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