Maine Revised Statutes Title 5 Sec. 11007 – Manner and scope of review
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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).]
Terms Used In Maine Revised Statutes Title 5 Sec. 11007
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Statute: A law passed by a legislature.
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).]
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).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 2021, c. 277, §10 (AMD).