§ 28-32-46 — Scope of and procedure on appeal from determination of administrative agency

North Dakota § 28-32-46

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

agency.
A judge of the district court must review an appeal from the determination of an
administrative agency based only on the record filed with the court. After a hearing, the filing of
briefs, or other disposition of the matter as the judge may reasonably require, the court must
affirm the order of the agency unless it finds that any of the following are present:
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before
the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.

5. The findings of fact made by the agency are not supported by a preponderance of the
evidence.
6. The conclusions of law and order of the agency are not supported by its findings of
fact.
7. The findings of fact made by the agency do not sufficiently address the evidence
presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency's
rationale for not adopting any contrary recommendations by a hearing officer or an
administrative law judge.
If the order of the agency is not affirmed by the court, it must be modified or reversed, and the
case shall be remanded to the agency for disposition in accordance with the order of the court.