Judicial Review of Fact Questions

A reviewing court carries out the review of an administrative agency action through the application of the principles laid down by the Administrative Procedure Act.  In reviewing an agency decision, the court has to check if the agency applied the relevant facts to related law.  Judicial review of administrative actions is primarily based on three pivotal factors.

  • That whether the agency’s action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
  • That whether the agency’s action was unsupported by substantial evidence (in certain types of cases); or
  • That whether the agency’s action was unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.

Inside Judicial Review of Fact Questions