Bill
Number: S.B. 1072
Petersen
Floor Amendment
Reference
to: JUDICIARY Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Reinserts the requirement for the court
to affirm the agency action except under limited circumstances.
2. Eliminates the requirement for the court
to hold unlawful and set aside agency action under specified circumstances and
instead requires the court to reverse, modify or vacate and remand the agency
action if the court determines the agency's action was contrary to law.
Fifty-third Legislature Petersen
First
Regular Session S.B. 1072
PETERSEN FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1072
(Reference to JUDICIARY Committee
amendment)
Page 1, strike lines 2 through 13, insert:
"Strike
lines 36 through 40, insert "agency action. The court shall
affirm the agency action unless after reviewing the administrative record and
supplementing evidence presented at the evidentiary hearing the court concludes
that the action is not supported by substantial evidence, is
contrary to law, is arbitrary and capricious or is an abuse of
discretion. The court shall reverse, modify or vacate and
remand the agency action if the court determines the agency's action was
contrary to law. the court shall decide all questions of"
Line 44,
strike "hearing. Notwithstanding any other law,"
insert "action."
Line 45,
strike "that is authorized by law""
Amend title to conform