12-910. Scope of review
A. An action to review a final administrative decision shall be heard and
determined with convenient speed. If requested by a party to an action within thirty
days after filing a complaint, the court shall hold an evidentiary hearing, including
testimony and argument, to the extent necessary to make the determination required by
subsection E of this section. The court may hear testimony from witnesses who testified
at the administrative hearing and witnesses who were not called to testify at the
administrative hearing.
B. Relevant and admissible exhibits and testimony that were not offered during the
administrative hearing shall be admitted, and objections that a party failed to make to
evidence offered at the administrative hearing shall be considered, unless either of the
following is true:
1. The exhibit, testimony or objection was withheld for purposes of delay,
harassment or other improper purpose.
2. Allowing admission of the exhibit or testimony or consideration of the objection
would cause substantial prejudice to another party.
C. For review of final administrative decisions of agencies that are exempt from
sections 41-1092.03 through 41-1092.11, pursuant to section 41-1092.02, the trial shall
be de novo if trial de novo is demanded in the complaint or answer of a defendant other
than the agency and if a hearing was not held by the agency or the proceedings before the
agency were not stenographically reported or mechanically recorded so that a transcript
might be made. On demand of any party, if a trial de novo is available under this
section, it may be with a jury, except that a trial of an administrative decision under
section 25-522 shall be to the court.
D. The record in the superior court shall consist of the record of the
administrative proceeding, and the record of any evidentiary hearing, or the record of
the trial de novo.
E. The court may affirm, reverse, modify or vacate and remand the agency action.
The court shall affirm the agency action unless after reviewing the administrative record
and supplementing evidence presented at the evidentiary hearing the court concludes that
the action is not supported by substantial evidence, is contrary to law, is arbitrary and
capricious or is an abuse of discretion.
|