59-1-610 - Standard of review of appellate court.
59-1-610. Standard of review of appellate court.
(1) When reviewing formal adjudicative proceedings commenced before thecommission, the Court of Appeals or Supreme Court shall:
(a) grant the commission deference concerning its written findings of fact, applying asubstantial evidence standard on review; and
(b) grant the commission no deference concerning its conclusions of law, applying acorrection of error standard, unless there is an explicit grant of discretion contained in a statute atissue before the appellate court.
(2) This section supercedes Section 63G-4-403 pertaining to judicial review of formaladjudicative proceedings.
Amended by Chapter 382, 2008 General Session