The Top Five Points of Error
The aim of this article is to identify and discuss the points of error that have the best chance for success on appeal. It discusses how the success of administrative appeals depends on the standard of review applicable to the point of error and on your ability to pierce the presumptions that guard the agency’s decision on appeal. It focuses on these five points of error: lack of jurisdiction, lack of statutory authority, violation of the APA or other law, failure to consider relevant statutory factors or improper consideration of irrelevant factors, and constitutional violations. Finally, it addresses a new point of error that circuits are siding with and how substantial evidence claims rarely succeed.