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Texas Government Code - GOV'T § 2001.174. Review Under Substantial Evidence Rule or Undefined Scope of Review

Current as of January 01, 2024 | Updated by Findlaw Staff

If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the scope of judicial review, a court may not substitute its judgment for the judgment of the state agency on the weight of the evidence on questions committed to agency discretion but:

(1) may affirm the agency decision in whole or in part;  and

(2) shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(A) in violation of a constitutional or statutory provision;

(B) in excess of the agency's statutory authority;

(C) made through unlawful procedure;

(D) affected by other error of law;

(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole;  or

(F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 2001.174. Review Under Substantial Evidence Rule or Undefined Scope of Review - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-2001-174/

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