1. 1. Schedule The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument.

   [PL 1977, c. 551, §3 (NEW).]

2. 2. Review by court Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury.

   [PL 1977, c. 551, §3 (NEW).]

3. 3. Judgment The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106‑A and 17106‑B, the court shall review the matter de novo.

   [PL 2021, c. 277, §10 (AMD); PL 2021, c. 277, §45 (AFF).]

4. 4. Decision The court may:

   1. A. Affirm the decision of the agency;

      [PL 1977, c. 551, §3 (NEW).]

   2. B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or

      [PL 1977, c. 551, §3 (NEW).]

   3. C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are:

      1. (1) In violation of constitutional or statutory provisions;
      2. (2) In excess of the statutory authority of the agency;
      3. (3) Made upon unlawful procedure;
      4. (4) Affected by bias or error of law;
      5. (5) Unsupported by substantial evidence on the whole record; or

      6. (6) Arbitrary or capricious or characterized by abuse of discretion.

         [PL 1977, c. 551, §3 (NEW).]

   [PL 1977, c. 551, §3 (NEW).]

PL 1977, c. 551, §3 (NEW). PL 2021, c. 277, §10 (AMD). PL 2021, c. 277, §45 (AFF).