Section 11007 - Manner and scope of review1. Schedule. The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument. [1977, c. 551, §3(NEW).]
2.Review by court. Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury. [1977, c. 551, §3(NEW).]
3.Judgment. The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106-A and 17106-B, the court shall review the matter de novo. [2021, c. 277, §10(AMD).]
4.Decision. The court may: A. Affirm the decision of the agency; [1977, c. 551, §3(NEW).]B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or [1977, c. 551, §3(NEW).]C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are: (1) In violation of constitutional or statutory provisions;(2) In excess of the statutory authority of the agency;(3) Made upon unlawful procedure;(4) Affected by bias or error of law;(5) Unsupported by substantial evidence on the whole record; or(6) Arbitrary or capricious or characterized by abuse of discretion. [1977, c. 551, §3(NEW).] [1977, c. 551, §3(NEW).]
Amended by 2021SP1, c. 277,§ 10, eff. 10/18/2021.1977, c. 551, § 3 (NEW) .