Who reviews findings of fact during review of agency determination?

Who reviews findings of fact during review of agency determination?

• A. The appellate division, confined to the administrative record
• B. The original agency in a de novo hearing
• C. A special master appointed by the court
• D. The federal courts

Answer: (A)

In New York, when challenging an agency’s determination, the court reviews the agency’s findings of fact based on the administrative record that was before the agency. The reviewing body is the appellate division, and its review is confined to that record, with no new evidence or de novo fact-finding. This approach ensures the agency’s factual determinations are supported by substantial evidence in the record and consistent with the law.

In New York, when challenging an agency’s determination, the court reviews the agency’s findings of fact based on the administrative record that was before the agency. The reviewing body is the appellate division, and its review is confined to that record, with no new evidence or de novo fact-finding. This approach ensures the agency’s factual determinations are supported by substantial evidence in the record and consistent with the law.