1. Schedule. The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument. [PL 1977, c. 551, §3 (NEW).] 2. Review by court. Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury. [PL 1977, c. 551, §3 (NEW).] 3. Judgment. The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106-A and 17106-B, the court shall review the matter de novo. [PL 2021, c. 277, §10 (AMD); PL 2021, c. 277, §45 (AFF).] 4. Decision. The court may: A. Affirm the decision of the agency; [PL 1977, c. 551, §3 (NEW).] B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or [PL 1977, c. 551, §3 (NEW).] C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by bias or error of law; (5) Unsupported by substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]
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