Idaho § 67-5279 SCOPE OF REVIEW — TYPE OF RELIEF

Idaho Statutes

§ 67-5279 — SCOPE OF REVIEW — TYPE OF RELIEF

Idaho § 67-5279

Title 67STATE GOVERNMENT AND STATE AFFAIRS

Ch. 52IDAHO ADMINISTRATIVE PROCEDURE ACT

This text of Idaho § 67-5279 (SCOPE OF REVIEW — TYPE OF RELIEF) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 67-5279 (2026).

Text

(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 issu

Free access — add to your briefcase to read the full text and ask questions with AI

(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.
(5) When interpreting the provisions of any state law, this chapter, or any rule, as defined in section 67-5201, Idaho Code, the court shall not defer to an agency’s interpretation of the law or rule and shall interpret its meaning and effect de novo. In an action brought by or against an agency, after applying all customary tools of interpretation, the court shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.