Each appeals board shall review each case before it on the record and shall hold unlawful and set aside any action or findings and conclusions found to be:

1. (1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
2. (2) Repealed;
3. (3) In excess of statutory jurisdiction, authority or limitations or short of statutory rights;
4. (4) Without observance of procedure required by law, including any applicable procedure provided by this chapter; or
5. (5) Unsupported by substantial evidence in the record of the proceedings before the appeals board.

History

Sept. 12, 1978, D.C. Law 2-104, § 403, 25 DCR 1275

Mar. 14, 2007, D.C. Law 16-279, § 301(j), 54 DCR 903

Effect of Amendments

“(2) Contrary to constitutional right, power, privilege or immunity;”

D.C. Law 16-279 repealed par. (2), which formerly read:

Prior Codifications

1973 Ed., § 40-1123.

1981 Ed., § 40-633.