2.2-4027 - Issues on review. - Virginia Statutes

§ 2.2-4027. Issues on review.

The burden shall be upon the party complaining of agency action to designateand demonstrate an error of law subject to review by the court. Such issuesof law include: (i) accordance with constitutional right, power, privilege,or immunity, (ii) compliance with statutory authority, jurisdictionlimitations, or right as provided in the basic laws as to subject matter, thestated objectives for which regulations may be made, and the factual showingrespecting violations or entitlement in connection with case decisions, (iii)observance of required procedure where any failure therein is not mereharmless error, and (iv) the substantiality of the evidentiary support forfindings of fact. The determination of such fact issue shall be made upon thewhole evidentiary record provided by the agency if its proceeding wasrequired to be conducted as provided in § 2.2-4009 or 2.2-4020 or, as tosubjects exempted from those sections, pursuant to constitutional requirementor statutory provisions for opportunity for an agency record of and decisionupon the evidence therein.

In addition to any other judicial review provided by law, a small business,as defined in subsection A of § 2.2-4007.1, that is adversely affected oraggrieved by final agency action shall be entitled to judicial review ofcompliance with the requirements of subdivision A 2 of § 2.2-4007.04 and §2.2-4007.1 within one year following the date of final agency action.

When the decision on review is to be made on the agency record, the duty ofthe court with respect to issues of fact shall be limited to ascertainingwhether there was substantial evidence in the agency record upon which theagency as the trier of the facts could reasonably find them to be as it did.

Where there is no agency record so required and made, any necessary facts incontroversy shall be determined by the court upon the basis of the agencyfile, minutes, and records of its proceedings under § 2.2-4007.01 or 2.2-4019as augmented, if need be, by the agency pursuant to order of the court orsupplemented by any allowable and necessary proofs adduced in court exceptthat the function of the court shall be to determine only whether the resultreached by the agency could reasonably be said, on all such proofs, to bewithin the scope of the legal authority of the agency.

Whether the fact issues are reviewed on the agency record or one made in thereview action, the court shall take due account of the presumption ofofficial regularity, the experience and specialized competence of the agency,and the purposes of the basic law under which the agency has acted.

(1975, c. 503, § 9-6.14:17; 1989, c. 601; 2001, c. 844; 2005, cc. 619, 682;2007, cc. 873, 916.)