What are the rules governing judicial review of administrative actions?

In Virginia, the rules governing judicial review of administrative actions are provided by the Administrative Process Act. This law is in place to ensure that the actions and decisions taken by state government agencies are fair, reasonable, and consistent with the rule of law. Under the Act, any person affected by an administrative action or decision may seek judicial review. This means that the administrative agency must defend its decision before a court if it is challenged. In deciding whether an agency decision should be upheld, the court must determine whether the agency acted in accordance with the law and with due process of law. The court must also determine whether the decision is in accordance with any applicable regulations or other publicly established standards. The court will review the record provided by the agency that made the decision, which includes specific facts, the opinions of any interested parties, and any applicable laws or regulations. Based on this information, the court may decide to uphold, change, or reverse the decision of the administrative agency. The courts will also review the agency’s decisions based on whether it followed the statutory rules of procedure and whether the decision was supported by substantial evidence. Substantial evidence is evidence that a reasonable person would find sufficient to support the decision. The court will also review the decision in light of the applicable laws and regulations to determine whether the statutory requirements have been met. Finally, the court will conduct a review of the agency’s decision based on the merits of the case, including any due process issues that were raised. This includes considering whether the agency followed the law and acted fairly and reasonably in making their decision.

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