Also, in administrative hearings, the presiding officer is obligated to base his decisions upon “substantial evidence on the whole record”. If the decision is not based on such substantial evidence on the whole record, the decision is arbitrary, capricious and contrary to law and is required to be reversed.
“Also, in administrative hearings, the presiding officer is obligated to base his decisions upon “substantial evidence on the whole record”. If the decision is not based on such substantial evidence on the whole record, the decision is arbitrary, capricious and contrary to law and is required to be reversed.”
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“Mixed questions of law and fact that require the consideration of legal concepts and involve the exercise of judgment about the values underlying legal principles are reviewable de novo.” citing United States v. McConney, 728 F.2d 1195, 1204 (9th Cir. 1982) (en banc):