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5 Cards in this Set
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Under Ky Administrative law, A Court judicially reviewing the actions of a KY AGENCY will use a tripartite test to determine whether the Agency's actions wereARBITRAY, CAPRICIOUS, AMOUNTING TO AN ABUSE of DISCRETION, which is standard of Review permitting court to REVERSE and REMAND agency decision for additional proceedings. The test determines: |
1. Whether Agency exceeded powers [of ENABLING STATUTE}
2. Whether agency EMPLOYED PROPER PROCEDURES to Provide DUE PROCESS
3 Whether SUBSTANTIAL EVIDENCE EXISTS in the record to support the Agency's decision. |
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SUBSTANTIAL EVIDENCE |
SUBSTANTIAL EVIDENCE |
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AGENCY DECISION IN ACTION MUST BE BASED UPON SUBSTANTIAL EVIDENCE. Where Agency's decision was BASED upon SUBSTANTIAL EVIDENCE, |
The REVIEWING COURT will be BOUND to the AGENCY'S FINDINGs OF FACT, this is true even where conflicting evidence in record exists, so long as ON BALANCE OF ALL EVIDENCE, Agency was "REASONABLE".
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SUBSTANTIAL EVIDENCE is Defined as: |
Evidence of SUBSTANCE +CONSEQUENCE when taken ALONE or in light ALL EVIDENCE would INDUCE CONVICTION in minds of REASONABLE PERSONS.
(so, based on record, reviewing court asks was it REASONABLE that AGENCY could have handed down such a determination? if yes, can affirm. No? reverse/ remand in whole or part. |
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agency Decision will not satisfy 'SUBSTANTIAL EVIDENCE REQUIREMENT' where court finds Agency |
1. IGNORED RELEVANT evidence, while giving 2. unjustified weight to IRRELEVANT evidence
3.Considered off record, Exparte Communication 4.Decision maker was Personally, Financially, or predetermined-ly biased.
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