Clearly Erroneous Review: Administrative Agency

The 'Clearly Erroneous' standard of review is utilized by courts when evaluating a lower court or agency’s factual findings. Under this standard, appellate courts will defer to the lower body's findings unless it is left with a definite and firm conviction that a mistake has been made.

This standard is particularly applied in administrative agency cases involving factual determinations made by the agency during an adjudication process. It generally comes into play when courts review decisions made by agencies after a formal hearing with evidence presented.

• The presence of substantial evidence supporting the agency's findings.
• The adequacy of the agency's explanation for its factual findings.
• Deference to the agency's expertise in its specialized field.

• Ensure the factual record is thoroughly developed during administrative hearings to withstand judicial review.
• Include detailed findings and rationale in agency decisions to assist in demonstrating that the standard of review is met.
• When involved in agency appeals, focus on demonstrating how the agency's conclusion was unreasonable given the evidence presented.

The 'Clearly Erroneous' standard is less deferential than the 'Arbitrary and Capricious' standard, which is often used for reviewing agency rulemaking decisions. Unlike the former, the latter focuses on whether an agency acted without a rational basis.