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4.1044 Reversal or modification of decision.

Cite as [A.S.C.A. § 4.1044 ]

The court may reverse or modify the decision of the agency, or remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the agency is;

(1) in violation of applicable constitutional or statutory provisions;

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

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the reliable, probative, and substantial evidence in the whole record; or

(6) arbitrary, capricious or characterized by abuse of discretion.

History: 1969, PL 11-55.

Case Notes:

Court will examine administrative decision to determine if it is “arbitrary, capricious, or characterized by abuse of discretion”. Pan Am v. Barnett, ASR (1977).

An agency's head may only reassign an employee involuntarily with the concurrence of the Director of Human Resources and with a finding that the reassignment be in the best interests of the government; failure to follow the regulatory standard is arbitrary and an error of law. A.S.C.A. § 4.1044(6); A.S.A.C. § 4.0804(b). Leiato v. Personnel Advisory Board, 21 A.S.R.2d 25 (1992).