Each appeals board shall review each case before it on the record and shall hold unlawful and set aside any action or findings and conclusions found to be:
(1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
(2) Repealed;
(3) In excess of statutory jurisdiction, authority or limitations or short of statutory rights;
(4) Without observance of procedure required by law, including any applicable procedure provided by this chapter; or
(5) Unsupported by substantial evidence in the record of the proceedings before the appeals board.
CREDIT(S)
(Sept. 12, 1978, D.C. Law 2-104, § 403, 25 DCR 1275; Mar. 14, 2007, D.C. Law 16-279, § 301(j), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-633.
1973 Ed., § 40-1123.
Effect of Amendments
D.C. Law 16-279 repealed par. (2), which formerly read:
“(2) Contrary to constitutional right, power, privilege or immunity;”
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
For Law 16-279, see notes following § 50-312.