§11007. Manner and scope of review
1.
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.
[PL 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.
[PL 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.
[PL 2021, c. 277, §10 (AMD).]
4.
Decision.
The court may:
A.
Affirm the decision of the agency;
[PL 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
[PL 1977, c. 551, §3 (NEW).]
C.
Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are:
[PL 1977, c. 551, §3 (NEW).]
(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.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 2021, c. 277, §10 (AMD).