Does the standard of review change when an administrative agency disagrees with the findings of a hearing officer?
MultiRegion, United States of America
The following excerpt is from N.L.R.B. v. International Broth. of Elec. Workers, Local 77, 895 F.2d 1570 (9th Cir. 1990):
The standard of review does not change when an administrative agency disagrees with the hearing officer; rather, the hearing officer's findings become part of the record for review to be weighed against the other evidence supporting the agency. Laipenieks v. INS, 750 F.2d 1427, 1429-30 (9th Cir.1985).
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