§ 31.3.3.2.2 Legislative v. Judicial Choice of Standards.

• Jurisdiction: Arizona

§ 31.3.3.2.2 Legislative v. Judicial Choice of Standards. Within constitutional limitations, the legislature has the power and responsibility to determine the standards to be applied in judicial review of agency action. Because the ARA originally did not state a standard of review to be used by the courts in assessing agency action, the courts had chosen a number of standards of review. The standard under the ARA has been variously stated as whether the agency’s action was based on “substantial evidence,”...