South Dakota Codified Laws
Chapter 26 - Administrative Procedure And Rules
Section 1-26-36 - Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.

1-26-36. Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.
The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because 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 other error of law;
(5)Clearly erroneous in light of the entire evidence in the record; or
(6)Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
A court shall enter its own findings of fact and conclusions of law or may affirm the findings and conclusions entered by the agency as part of its judgment. The circuit court may award costs in the amount and manner specified in chapter 15-17.

Source: SL 1966, ch 159, §15 (7); SL 1972, ch 8, §29; SL 1977, ch 13, §16; SL 1978, ch 13, §10; SL 1978, ch 17; SL 1983, ch 6, §2.

Structure South Dakota Codified Laws