§ 31.3.3.3.3 Arbitrary and Capricious and Abuse of Discretion.

• Jurisdiction: Arizona

§ 31.3.3.3.3 Arbitrary and Capricious and Abuse of Discretion. The workhorses of judicial review are the twin standards of “arbitrary and capricious” and “abuse of discretion.” Both standards get at the same thing. RPSA 3 State Bar Committee Note (noting common law writs reached both “arbitrary action or abuse of discretion” because “the defendant has no discretion to proceed arbitrarily.”)

Where an agency determination involves the agency’s exercise of discretion, that determination is reviewed for abuse of discretion. Siler v. Ariz. Dep’t of Real Estate, 193 Ariz. 374, 379, ¶ 19, 972 P.2d 1010, 1015 (App. 1998); Ariz. Dep’t of Econ. Sec. v. Lidback, 26 Ariz. App. 143, 145, 546 P.2d 1152, 1154 (App. 1976). The court of appeals has articulated this standard as follows:

In determining whether an administrative agency has abused its discretion by acting in an arbitrary and capricious manner, we review the record to determine whether there has been “unreasoning action, without consideration and in disregard for facts and circumstances; where there is room for two opinions, the action is not arbitrary or capricious if exercised honestly and upon due consideration, even though it may be believed that an erroneous conclusion has been reached.”

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