If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the scope of judicial review, a court may not substitute its judgment for the judgment of the state agency on the weight of the evidence on questions committed to agency discretion but:

1. (1) may affirm the agency decision in whole or in part; and

2. (2) shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

   1. (A) in violation of a constitutional or statutory provision;
   2. (B) in excess of the agency's statutory authority;
   3. (C) made through unlawful procedure;
   4. (D) affected by other error of law;
   5. (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or
   6. (F) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.