In Article 78 proceedings, how are questions of law reviewed?

In Article 78 proceedings, how are questions of law reviewed?

• A. Substantial evidence
• B. Clear error
• C. De novo (correct)
• D. Arbitrary and capricious

Answer: (C)

Questions of law in Article 78 proceedings are reviewed de novo, meaning the court decides the legal issue anew without giving deference to the agency’s interpretation. The court independently analyzes the statute, regulations, and constitutional principles to determine what the law requires, using its own understanding rather than the agency’s reading. By contrast, the agency’s factual findings are reviewed for substantial evidence on the record, and the overall decision can be struck down as arbitrary and capricious if there was no rational basis. Clear error is a standard used for appellate review of trial court facts, not for evaluating the agency’s legal determinations.

Questions of law in Article 78 proceedings are reviewed de novo, meaning the court decides the legal issue anew without giving deference to the agency’s interpretation. The court independently analyzes the statute, regulations, and constitutional principles to determine what the law requires, using its own understanding rather than the agency’s reading. By contrast, the agency’s factual findings are reviewed for substantial evidence on the record, and the overall decision can be struck down as arbitrary and capricious if there was no rational basis. Clear error is a standard used for appellate review of trial court facts, not for evaluating the agency’s legal determinations.