What is the standard of review?

What is the standard of review?

• A. Abuse of discretion
• B. De novo correctness
• C. Clear and convincing evidence
• D. Reasonable doubt

Answer: (A)

When reviewing an agency decision, the court defers to the agency and looks for a rational connection between the facts and the result. The key measure is whether the agency acted with abuse of discretion—i.e., whether its decision was arbitrary or irrational or unsupported by the record. If the findings are supported by substantial evidence and the reasoning is rational, the decision stands even if the court might have reached a different result. This is different from de novo review, which would reexamine the matter from scratch, or from standards like clear and convincing or reasonable doubt, which apply to proof in civil or criminal cases, not to how an agency decision is reviewed.

When reviewing an agency decision, the court defers to the agency and looks for a rational connection between the facts and the result. The key measure is whether the agency acted with abuse of discretion—i.e., whether its decision was arbitrary or irrational or unsupported by the record. If the findings are supported by substantial evidence and the reasoning is rational, the decision stands even if the court might have reached a different result. This is different from de novo review, which would reexamine the matter from scratch, or from standards like clear and convincing or reasonable doubt, which apply to proof in civil or criminal cases, not to how an agency decision is reviewed.