(a) An appeal shall be heard by the superior court sitting without a jury.
(b) Inquiry in an appeal extends to the following questions: (1) whether the agency has proceeded without or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.
(c) The court may exercise its independent judgment on the evidence. If it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by
(1) the weight of the evidence; or
(2) substantial evidence in the light of the whole record.
(d) The court may augment the agency record in whole or in part, or hold a hearing de novo. If the court finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing, the court may
(1) enter judgment as provided in (e) of this section and remand the case to be reconsidered in the light of that evidence; or
(2) admit the evidence at the appellate hearing without remanding the case.
(e) The court shall enter judgment setting aside, modifying, remanding, or affirming the decision, without limiting or controlling in any way the discretion legally vested in the agency.
(f) The court in which proceedings under this section are started may stay the operation of the decision until
(1) the court enters judgment;
(2) a notice of further appeal from the judgment is filed; or
(3) the time for filing the notice of appeal expires.
(g) A stay may not be imposed or continued if the court is satisfied that it is against the public interest.
(h) If further appeal is taken, the supreme court may, in its discretion, stay the superior court judgment or agency order.
Other Sections in this Chapter:
- Sec. 25.27.010. Creation of child support services agency.
- Sec. 25.27.020. Duties and responsibilities of the agency.
- Sec. 25.27.022. Establishment and enforcement requests from other states.
- Sec. 25.27.025. Rate of interest.
- Sec. 25.27.030. Establishment of fund.
- Sec. 25.27.040. Determination of paternity.
- Sec. 25.27.045. Determination of support obligation.
- Sec. 25.27.050. Legal assistance.
- Sec. 25.27.060. Order of support. Repealed
- Sec. 25.27.062. Income withholding order for support.
- Sec. 25.27.065. Waiver of child support.
- Sec. 25.27.070. Order to assign wages for support.
- Sec. 25.27.075. Employment information.
- Sec. 25.27.080. Enforcement of support orders.
- Sec. 25.27.085. Subpoenas.
- Sec. 25.27.095. Agency exempt from execution.
- Sec. 25.27.100. All persons may use agency. Repealed
- Sec. 25.27.103. Payments to agency.
- Sec. 25.27.105. Audit of collections.
- Sec. 25.27.107. Certification of arrears. Renumbered
- Sec. 25.27.120. Obligor liable for public assistance furnished obligee.
- Sec. 25.27.125. Accounting and disposition of federal receipts and agency collections.
- Sec. 25.27.130. Subrogation of state.
- Sec. 25.27.135. Limitation on actions to establish child support obligation.
- Sec. 25.27.140. Authority and procedures to administratively establish and enforce support obligation.
- Sec. 25.27.150. Initiation of administrative enforcement of orders; required notice.
- Sec. 25.27.160. Initiation of administrative action to establish support duty; required notice.
- Sec. 25.27.165. Determination of paternity in an administrative proceeding.
- Sec. 25.27.167. Contempt of order for genetic testing.
- Sec. 25.27.170. Hearings in administrative action to establish support duty.
- Sec. 25.27.180. Administrative findings and decision.
- Sec. 25.27.190. Modification of administrative finding or decision.
- Sec. 25.27.193. Periodic review or adjustment of support orders.
- Sec. 25.27.195. Relief from administrative order.
- Sec. 25.27.200. Use of standards in administrative determinations of support amounts.
- Sec. 25.27.210. Judicial review of administrative decisions and actions.
- Sec. 25.27.225. Support payment obligations as judgments.
- Sec. 25.27.227. Nature of remedies.
- Sec. 25.27.230. Assertion, recording, and effect of lien.
- Sec. 25.27.240. Service of lien.
- Sec. 25.27.244. Adverse action against delinquent obligor’s occupational license.
- Sec. 25.27.246. Adverse action against delinquent obligor’s driver’s license.
- Sec. 25.27.250. Order to withhold and deliver. Repealed
- Sec. 25.27.253. Earnings subject to an order or lien.
- Sec. 25.27.255. Disposition of payments under income withholding orders. Repealed
- Sec. 25.27.260. Civil liability upon failure to comply with an order or lien.
- Sec. 25.27.265. Method of service; notification of change of address.
- Sec. 25.27.270. Judicial relief from administrative execution.
- Sec. 25.27.273. Reporting of payment information concerning delinquent obligors.
- Sec. 25.27.275. Nondisclosure of information in exceptional circumstances.
- Sec. 25.27.278. Payments not disbursed.
- Sec. 25.27.280. Severability: Alternative when method of notification held invalid.
- Sec. 25.27.300. Requests pertaining to remarriage.
- Sec. 25.27.320. Interest on agency return of certain overpayments.
- Sec. 25.27.900. Definitions.