Judicial Review of Administrator Orders

When the Administrator issues an order (whether denying a registration, issuing a stop order, or suspending a license), the affected person has the right to challenge that order in court. This section covers the appeals process.

Right to Appeal

Any person aggrieved by a final order of the Administrator may obtain judicial review by filing a petition in court within 60 days after entry of the order.

Key details:

  • The petition must be filed within the 60-day window; missing this deadline forfeits the right to appeal
  • Only final orders are subject to judicial review (not preliminary or summary orders that are still pending)

Standard of Review

The court reviews the Administrator's findings of fact with a deferential standard:

  • If the findings are supported by competent, material, and substantial evidence, they are conclusive (the court defers to the Administrator's factual findings)
  • The court may affirm, modify, enforce, or set aside the order in whole or in part

This means the court does not conduct a new trial; it reviews the existing record to determine whether the Administrator's decision was supported by the evidence.

Exam Tip: Gotchas

  • Judicial review is deferential to the Administrator. The court is not looking for a different outcome it would have reached. It asks only whether substantial evidence supports the Administrator's findings.

Stay of Order

This is one of the most frequently tested points in this section:

  • Filing a petition for judicial review does NOT automatically stay the Administrator's order
  • A stay must be specifically ordered by the court
  • Until a court grants a stay, the Administrator's order remains in full effect

Exam Tip: Gotchas

  • Filing an appeal does NOT stop the order. A suspension stays in effect even while the appeal is pending; only a court-granted stay can pause enforcement.

Additional Evidence

Either party may apply to the court for leave to present additional evidence that was not presented at the hearing before the Administrator. The court may order additional evidence to be taken before the Administrator if there were reasonable grounds for the failure to present it earlier.