2005 Idaho Code - 67-5279 — SCOPE OF REVIEW -- TYPE OF RELIEF

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 52
                      IDAHO ADMINISTRATIVE PROCEDURE ACT
    67-5279.  SCOPE OF REVIEW -- TYPE OF RELIEF. (1) The court shall not
substitute its judgment for that of the agency as to the weight of the
evidence on questions of fact.
    (2)  When the agency was not required by the provisions of this chapter or
by other provisions of law to base its action exclusively on a record, the
court shall affirm the agency action unless the court finds that the action
was:
    (a)  in violation of constitutional or statutory provisions;
    (b)  in excess of the statutory authority of the agency;
    (c)  made upon unlawful procedure; or
    (d)  arbitrary, capricious, or an abuse of discretion.
If the agency action is not affirmed, it shall be set aside, in whole or in
part, and remanded for further proceedings as necessary.
    (3)  When the agency was required by the provisions of this chapter or by
other provisions of law to issue an order, the court shall affirm the agency
action unless the court finds that the agency's findings, inferences,
conclusions, or decisions are:
    (a)  in violation of constitutional or statutory provisions;
    (b)  in excess of the statutory authority of the agency;
    (c)  made upon unlawful procedure;
    (d)  not supported by substantial evidence on the record as a whole; or
    (e)  arbitrary, capricious, or an abuse of discretion.
If the agency action is not affirmed, it shall be set aside, in whole or in
part, and remanded for further proceedings as necessary.
    (4)  Notwithstanding the provisions of subsections (2) and (3) of this
section, agency action shall be affirmed unless substantial rights of the
appellant have been prejudiced.