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Maine Revised Statutes Title 5. Administrative Procedures and Services § 11007. Manner and scope of review

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Schedule. The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument.

2. Review by court. Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury.

3. Judgment. The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106-A and 17106-B, the court shall review the matter de novo.

4. Decision. The court may:

A. Affirm the decision of the agency;

B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or

C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by bias or error of law;

(5) Unsupported by substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion.

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Cite this article: FindLaw.com - Maine Revised Statutes Title 5. Administrative Procedures and Services § 11007. Manner and scope of review - last updated January 01, 2025 | https://codes.findlaw.com/me/title-5-administrative-procedures-and-services/me-rev-st-tit-5-sect-11007/

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