Are any factual determinations made by the Department of Transportation binding on the appellate court?

California, United States of America


The following excerpt is from Huson v. County of Ventura, 80 Cal. App.4th 1131, 96 Cal.Rptr.2d 116 (Cal. App. 2000):

"Two rules govern our review. Any factual determinations made by the administrative agency are binding on the appellate court if supported by substantial evidence. [Citation.] Secondly, when the issues involve the proper application of a statute or administrative regulation, the trial court's legal conclusions are not binding on the appellate court." (Osburn v. Department of Transportation (1990) 221 Cal.App.3d 1339, 1344.)

Other Questions


When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the test for an appellate court to challenge a factual determination made by a trial court? (California, United States of America)
What is the test for an appellate court to make determinations of factual issues contrary to the findings of a trier of fact? (California, United States of America)
Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.