HENDERSON, Justice.
ACTION
Appellant Terry Deuter, a trooper for the South Dakota Highway Patrol (Highway Patrol), received a notice of discharge from appellee, the Highway Patrol. An appeal was made to the Law Enforcement Civil Service Commission (Commission), and the Commission decided to reinstate appellant as a trooper. The Highway Patrol appealed to the circuit court, and the circuit court reversed the Commission’s decision. Appellant appeals from the circuit court’s order. We reverse and remand.
FACTS
After a meeting on January 9, 1980, appellant was notified on January 15, 1980, that he was discharged from the Highway [535]*535Patrol pursuant to SDCL 3-7-15.1 The grounds for appellant’s discharge were: a) violating Highway Patrol regulations (SDCL 3-7-15(5)); b) insubordination for failure to obey superior officers (SDCL 3-7-15(5)); and c) disgraceful conduct and insubordination (SDCL 3-7-15(10)). As a factual basis for appellant’s discharge, the Highway Patrol alleged: a) on March 31, 1979, appellant allowed an armed 18-year-old individual to ride in his patrol vehicle. Appellant was reprimanded for this incident on May 30, 1979; b) on December 7, 1979, appellant allowed an armed civilian to accompany him in his patrol vehicle; c) on December 18, 1979, appellant threatened a juvenile with possible bodily harm; d) on January 9, 1980, appellant capriciously and recklessly placed a loaded pistol on Director Baum’s desk; and e) appellant continually displayed poor judgment.
Subsequent to receiving notice of his discharge, appellant filed a notice with the Law Enforcement Civil Service Commission contending that his discharge was made without just cause. A three-day hearing was conducted by the Commission and approximately 36 witnesses testified. As a result, the Commission found that appellant’s discharge was made without good or just cause and ordered him reinstated as a trooper. Findings of fact made by the Commission include the following: all of appellant’s drug arrests resulted in convictions; appellant had three preventable accidents in his patrol vehicle; appellant has not had any more accidents since attending a special driving course; appellant had not displayed poor judgment; appellant responded to the efforts of his supervisors to counsel him; appellant met or exceeded the performance standards established by the Highway Patrol; the reprimand given to appellant was not clear; appellant did not improperly threaten a juvenile with bodily harm; appellant did not act carelessly or capriciously when he placed a firearm on Director Baum’s desk; and appellant was effective and aggressive as a trooper and treated everyone equally and fairly.
The Highway Patrol appealed the Commission’s decision to the circuit court. After reviewing the evidence and hearing oral arguments, the circuit court reversed the Commission, holding that the Commission’s findings of fact and conclusions of law were clearly erroneous, arbitrary and capricious, or an abuse of discretion. Findings of fact and conclusions of law were not entered by the circuit court. Appellant has appealed to this Court.
ISSUE
WERE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW ENTERED BY THE LAW ENFORCEMENT CIVIL SERVICE COMMISSION CLEARLY ERRONEOUS AND ARBITRARY OR CAPRICIOUS OR CHARACTERIZED BY AN ABUSIVE AND CLEARLY UNWARRANTED EXERCISE OF DISCRETION? WE HOLD THAT THEY WERE NOT.
DECISION
Appellant Deuter contends that the circuit court erred in reversing the Commission’s ruling. Actions involving the Commission are governed by SDCL ch. 1-26, the “Administrative Procedures Act.” Drovdal v. State Dep’t of Pub. Safety, 255 N.W.2d 437 (S.D.1977). When we are called upon to review an administrative agency ruling such as the one at bar, we are guided by SDCL 1-26-35 and SDCL 1-26-36.2 A rul[536]*536ing or decision of an administrative agency is upheld unless we find that in light of the entire record, the decision is clearly erroneous or we are left with a firm and definite conviction that a mistake has been made. Fraser v. Water Rights Comm’n, etc., 294 N.W.2d 784 (S.D.1980). Additionally, as.we review the administrative record we are not bound by a presumption that the circuit court was correct. Matter of Clay-Union Elec. Corp., 300 N.W.2d 58 (S.D.1980); Matter of South Lincoln Rural Water Sys., 295 N.W.2d 743 (S.D.1980).
Appellee Highway Patrol contends that the Commission does not have the power to make an independent determination into whether the discharge of appellant Deuter was proper. According to the Highway Patrol, the Commission is, in essence, a limited appeals forum which is constrained to determine if evidence exists to support the Highway Patrol’s decision. On the other hand, appellant Deuter asserts that the Commission proceeding was a de novo due process hearing.
Statutory authority for Commission jurisdiction over Highway Patrol disciplinary action is derived from SDCL 3-7-17.3 In Drovdal, 255 N.W.2d at 439, we held: “The function of the Commission under SDCL 3-7-17 is merely to determine whether or not the removal, discharge, or reduction was made for good cause under the provisions of SDCL 3-7-15.” However, in Drovdal, we addressed a situation where the Commission found that good cause existed for dismissal of a trooper, but then reduced the level of disciplinary action taken by the Highway Patrol. Therefore, Drovdal stands for the proposition that the Commission does not have authority to modify the type of disciplinary action taken by the Highway Patrol. Rather, the function of the Commission is to conduct a hearing comporting with due process requirements to determine if good cause exists for the disciplinary action of the Highway Patrol. If good cause is not found, the Commission must order reinstatement of the employee with back payment of wages. SDCL 3-7-17, supra.
However, our decision in Drovdal should not be read to restrict the fact-finding duties and responsibilities of the Commission.
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HENDERSON, Justice.
ACTION
Appellant Terry Deuter, a trooper for the South Dakota Highway Patrol (Highway Patrol), received a notice of discharge from appellee, the Highway Patrol. An appeal was made to the Law Enforcement Civil Service Commission (Commission), and the Commission decided to reinstate appellant as a trooper. The Highway Patrol appealed to the circuit court, and the circuit court reversed the Commission’s decision. Appellant appeals from the circuit court’s order. We reverse and remand.
FACTS
After a meeting on January 9, 1980, appellant was notified on January 15, 1980, that he was discharged from the Highway [535]*535Patrol pursuant to SDCL 3-7-15.1 The grounds for appellant’s discharge were: a) violating Highway Patrol regulations (SDCL 3-7-15(5)); b) insubordination for failure to obey superior officers (SDCL 3-7-15(5)); and c) disgraceful conduct and insubordination (SDCL 3-7-15(10)). As a factual basis for appellant’s discharge, the Highway Patrol alleged: a) on March 31, 1979, appellant allowed an armed 18-year-old individual to ride in his patrol vehicle. Appellant was reprimanded for this incident on May 30, 1979; b) on December 7, 1979, appellant allowed an armed civilian to accompany him in his patrol vehicle; c) on December 18, 1979, appellant threatened a juvenile with possible bodily harm; d) on January 9, 1980, appellant capriciously and recklessly placed a loaded pistol on Director Baum’s desk; and e) appellant continually displayed poor judgment.
Subsequent to receiving notice of his discharge, appellant filed a notice with the Law Enforcement Civil Service Commission contending that his discharge was made without just cause. A three-day hearing was conducted by the Commission and approximately 36 witnesses testified. As a result, the Commission found that appellant’s discharge was made without good or just cause and ordered him reinstated as a trooper. Findings of fact made by the Commission include the following: all of appellant’s drug arrests resulted in convictions; appellant had three preventable accidents in his patrol vehicle; appellant has not had any more accidents since attending a special driving course; appellant had not displayed poor judgment; appellant responded to the efforts of his supervisors to counsel him; appellant met or exceeded the performance standards established by the Highway Patrol; the reprimand given to appellant was not clear; appellant did not improperly threaten a juvenile with bodily harm; appellant did not act carelessly or capriciously when he placed a firearm on Director Baum’s desk; and appellant was effective and aggressive as a trooper and treated everyone equally and fairly.
The Highway Patrol appealed the Commission’s decision to the circuit court. After reviewing the evidence and hearing oral arguments, the circuit court reversed the Commission, holding that the Commission’s findings of fact and conclusions of law were clearly erroneous, arbitrary and capricious, or an abuse of discretion. Findings of fact and conclusions of law were not entered by the circuit court. Appellant has appealed to this Court.
ISSUE
WERE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW ENTERED BY THE LAW ENFORCEMENT CIVIL SERVICE COMMISSION CLEARLY ERRONEOUS AND ARBITRARY OR CAPRICIOUS OR CHARACTERIZED BY AN ABUSIVE AND CLEARLY UNWARRANTED EXERCISE OF DISCRETION? WE HOLD THAT THEY WERE NOT.
DECISION
Appellant Deuter contends that the circuit court erred in reversing the Commission’s ruling. Actions involving the Commission are governed by SDCL ch. 1-26, the “Administrative Procedures Act.” Drovdal v. State Dep’t of Pub. Safety, 255 N.W.2d 437 (S.D.1977). When we are called upon to review an administrative agency ruling such as the one at bar, we are guided by SDCL 1-26-35 and SDCL 1-26-36.2 A rul[536]*536ing or decision of an administrative agency is upheld unless we find that in light of the entire record, the decision is clearly erroneous or we are left with a firm and definite conviction that a mistake has been made. Fraser v. Water Rights Comm’n, etc., 294 N.W.2d 784 (S.D.1980). Additionally, as.we review the administrative record we are not bound by a presumption that the circuit court was correct. Matter of Clay-Union Elec. Corp., 300 N.W.2d 58 (S.D.1980); Matter of South Lincoln Rural Water Sys., 295 N.W.2d 743 (S.D.1980).
Appellee Highway Patrol contends that the Commission does not have the power to make an independent determination into whether the discharge of appellant Deuter was proper. According to the Highway Patrol, the Commission is, in essence, a limited appeals forum which is constrained to determine if evidence exists to support the Highway Patrol’s decision. On the other hand, appellant Deuter asserts that the Commission proceeding was a de novo due process hearing.
Statutory authority for Commission jurisdiction over Highway Patrol disciplinary action is derived from SDCL 3-7-17.3 In Drovdal, 255 N.W.2d at 439, we held: “The function of the Commission under SDCL 3-7-17 is merely to determine whether or not the removal, discharge, or reduction was made for good cause under the provisions of SDCL 3-7-15.” However, in Drovdal, we addressed a situation where the Commission found that good cause existed for dismissal of a trooper, but then reduced the level of disciplinary action taken by the Highway Patrol. Therefore, Drovdal stands for the proposition that the Commission does not have authority to modify the type of disciplinary action taken by the Highway Patrol. Rather, the function of the Commission is to conduct a hearing comporting with due process requirements to determine if good cause exists for the disciplinary action of the Highway Patrol. If good cause is not found, the Commission must order reinstatement of the employee with back payment of wages. SDCL 3-7-17, supra.
However, our decision in Drovdal should not be read to restrict the fact-finding duties and responsibilities of the Commission. See Appeal of Miller, 283 N.W.2d 241 (S.D.1979).
Every employee who has been disciplined may file with the commission and the appointing authority a statement in writing, alleging that the disciplinary action was made without just cause. Upon the filing of the statement there shall be a hearing, the time and place fixed by the commission and notice given to the appointing officer and to the employee. At the hearing the commission shall determine and decide whether or not the disciplinary action was made for good cause. The chairman of the commission may administer oaths and secure by the subpoena of the commission the attendance and testimony of witnesses and the production of evidence. If the commission shall find that the disciplinary action was made without just cause, it shall enter an order reinstating the employee to his former position and directing the payment of all back salary due. If the commission finds that the disciplinary action was made for good cause, it shall enter an order to that effect, and the action shall stand. Appeals to the circuit court for Hughes county may be taken pursuant to chapter 1-26. The appeal shall be taken by filing in the office of the commissioner a notice of appeal. The commission may develop rules, pursuant to chapter 1-26, concerning disciplinary action.
Procedurally, the Highway Patrol meeting held with Trooper Deuter on January 9, 1980, was not conducted in the posture of a due process hearing. Appellant was provided with only two days’ notice prior to the January 9 meeting. Trooper Deuter was not given the right to produce or confront witnesses. We deem this inadequate to satisfy a due process hearing. Indeed, charges against appellant Deuter were not drawn up until after the January 9 meeting. Under the Fourteenth Amendment to the United States Constitution, an individual is entitled to due process of law before his life, liberty, or property is taken away by the government. Codd v. Velger, 429 U.S. 624, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977) (per curiam); Morrissey v. Brewer, [537]*537408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972); Sniadach v. Family Fin. Corp., 395 U.S. 337, 89 S.Ct. 1820, 23 L.Ed.2d 349 (1969); Holland v. Parker, 332 F.Supp. 341 (D.S.D.1971), rev’d, 469 F.2d 1013 (8th Cir.1972).
When the Highway Patrol discharges an employee for reasons such as listed herein, that employee is entitled to a due process hearing to contest the allegations made against him and clear his reputation. See generally, Nowak, Rotunda, and Young, Constitutional Law at 488 (1978). Under SDCL 3-7-17, the Commission is a proper forum for the employee’s due process hearing. Therefore, we are unwilling to restrict the role of the Commission in the manner prescribed by the Highway Patrol. The Commission proceeding held herein was appellant’s initial due process hearing and, as such, the Commission acted de novo.
Reviewing the extensive transcript and tapes of the Commission’s hearing, we find that Trooper Deuter’s employment performance was well canvassed (three days of hearing, 36 witnesses, 28 exhibits) and the Commission’s findings and conclusions are sufficiently supported. In particular, the Commission’s determination that Trooper Deuter’s reprimand was unclear was strongly supported. Lt. Ken Rand, one of Trooper Deuter’s immediate superiors stated that the Highway Patrol manual and policies did not prohibit passengers from having firearms. Indeed, Lt. Rand stated that when he explained Trooper Deuter’s reprimand to him, Trooper Deuter was only told not to have unauthorized riders. Lt. Rand admitted that he did not admonish Trooper Deuter to not allow authorized riders to carry firearms. Lt. Rand himself acknowledged that Trooper Deuter could have misunderstood his reprimand.
Director Baum admitted that the Highway Patrol policy cited in Trooper Deuter’s reprimand did not prohibit passengers from carrying firearms. The Director also admitted that the reprimand did not state that Trooper Deuter’s future authorized passengers could not carry firearms and that Trooper Deuter could have misinterpreted the reprimand. Sgt. Printup, another immediate superior to Trooper Deuter stated that after the reprimand, Trooper Deuter was only instructed that he was not to have unauthorized passengers,
Richard Siedschlaw, a former ten-year veteran of the Highway Patrol testified that authorized and unauthorized armed civilians rode with him in his vehicle. Curt Hakl, a trooper from Elk Point, who formerly was assigned to Murdo, testified that on one occasion an armed civilian was allowed to ride in his vehicle. James Pelle, a trooper assigned to Murdo, testified that on one occasion he allowed an unauthorized civilian to ride with him and that his sergeant had led him to believe that it was the trooper’s decision to inform a passenger that a firearm was available in the vehicle for their use and protection.
After Trooper Deuter’s reprimand, two passengers were authorized to ride with him by Sgt. Printup and Lt. Rand, and both passengers executed waivers of liability. We are unconvinced that Trooper Deuter would have allowed his authorized passengers to have firearms had he clearly known that the Highway Patrol did not wish them to have firearms.
The dissent of Justice Wollman and the circuit court’s characterization of the facts pertaining to Trooper Deuter’s placing the pistol on the table at a meeting is unfair and unsupported by the record. Director Baum’s testimony is as follows:
At that point, he had told me about his drug activity from the standpoint that he had been involved in the enforcement in drug activity and that he had, you know, some dangers there, and to show me the danger that he had, he pulled out a weapon and said that he, you know, had taken this off an individual as a result of a drug arrest and wanted me to be aware of the type of thing that he was confronted with out there on the highway, and he didn’t throw the weapon but he, you know, slipped the weapon onto my desk, and the Lieutenant got up, checked the weapon. [538]*538It was fully loaded with one in the chamber and off safe, and I guess that I let him continue telling his story and asked him a few more questions, and then I proceeded to tell him that based on all the allegations that had been made in the past, I questioned his judgment and his common sense.
Later, Director Baum reaffirmed his testimony. Defense counsel: “Did he actually— you said he didn’t actually throw it onto the table?” Director Baum: “No. He would have been — just like that, I mean (indicating).” Defense counsel: “So he laid it down?” Director Baum: “He didn’t gingerly lay it on the desk. It was placed on the desk, but, I mean, it was still in such a manner that it was repulsive to me.” Furthermore, an experienced law enforcement officer of fifteen years, who was also a gunsmith, testified as an expert on the safety features of the Colt .380 semi-automatic pistol in question. The pith of his testimony was that the weapon had a slide safety and a grip safety which prevented accidental discharge and his exact testimony was: “I could see no conceivable manner in which it could have gone off.” He emphasized that both the grip safety and the trigger had to be depressed simultaneously for the weapon to be discharged..
We are unpersuaded by the circuit court and the Highway Patrol’s assertion that the Commission’s findings of fact and conclusions of law were clearly erroneous and arbitrary or capricious or characterized by an abusive and clearly unwarranted exercise of discretion. Therefore, we reverse the holding of the circuit court and remand this case with instructions to reinstate appellant as an active trooper of the South Dakota Highway Patrol.
Reversed and remanded.
DUNN and MORGAN, JJ., concur.
FOSHEIM, C.J., and WOLLMAN, J., dissent.