2006 Utah Code - 59-1-610 — Standard of review of appellate court.

     59-1-610.   Standard of review of appellate court.
     (1) When reviewing formal adjudicative proceedings commenced before the commission, the Court of Appeals or Supreme Court shall:
     (a) grant the commission deference concerning its written findings of fact, applying a substantial evidence standard on review; and
     (b) grant the commission no deference concerning its conclusions of law, applying a correction of error standard, unless there is an explicit grant of discretion contained in a statute at issue before the appellate court.
     (2) This section supercedes Section 63-46b-16 pertaining to judicial review of formal adjudicative proceedings.

Enacted by Chapter 248, 1993 General Session

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