A license holder subject to a final TREC disciplinary order seeks judicial review under the Texas Administrative Procedure Act. The license holder challenges TREC's factual findings as unsupported by the record. What standard does the reviewing court apply to those factual findings?
Correct Answer
A) Substantial evidence — the court determines whether TREC's factual findings are supported by substantial evidence in the whole record
Under Texas APA §2001.174, a court reviewing a contested case decision applies the substantial evidence standard to an agency's factual findings. The court does not substitute its judgment for TREC's; it asks whether the record as a whole contains substantial evidence — more than a scintilla — to support TREC's findings, giving appropriate deference to the agency's expertise in real estate regulation.
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