What is a "Standard of Review?"

The Board’s decisions are grounded in the US Constitutional rights of our citizens (e.g. due process). In reviewing appeals/requests, the Board must consider the evidence in keeping with certain legal standards and base its decisions on well-founded legal standards. The following are descriptive of such:

Abuse of discretion means, as a guide to Board decision-making, where a municipal agency has made a discretionary ruling (such as whether to allow a party claiming a hardship to file a brief after the deadline), that decision will be reviewed for abuse of discretion. It will not be reversed unless the decision is "plain error". Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded, while a plain error that affects substantial rights may be considered even though it was not brought to the Board’s attention. The Board has discretion as to whether or not to correct plain error. The Board will not correct it unless it led to a “brazen miscarriage of justice”.

Arbitrary and capricious means an agency's resolution of a question of fact was made on unreasonable grounds or without any proper consideration of circumstances.

Chevron review means that questions of statutory interpretation decided by an agency in a manner that has the force of law are subject to such review. First, always, is the question whether the legislative enacting body has directly spoken to the precise question at issue. If the intent is clear, that is the end of the matter; for the Board, as well as the municipal agency, must give effect to the unambiguously expressed intent of the legislation. If, however, the Board determines the enacting body has not directly addressed the precise question at issue, the Board does not simply impose its own construction on the statute. Rather, if the statute or ordinance is silent or ambiguous with respect to the specific issue, the question for the Board is whether the agency's answer is based on a permissible construction of the statute.

Clearly erroneous means when a municipal agency makes a finding of fact, that finding will not be disturbed unless the Board is left with a "definite and firm conviction that a mistake has been committed" by that agency.

De Novo Review means the Board acts if it were considering the question for the first time, affording no deference to the preceding agency decisions.

Mixed questions of law and fact means circumstances usually subjected to de novo review, unless factual issues predominate, in which event the decision will be subject to “clearly erroneous” review. When made by municipal agencies, decisions concerning mixed questions of law and fact are subjected to “arbitrary and capricious” review.

Rational Basis Standard of Review means the enacting legislation is judged based on whether it has a reasonable relationship to a legitimate state interest.

Skidmore review means questions of statutory interpretation decided by a municipal agency in a manner that does not have the force of law are subject to review to determine the deference to be given to a municipal agency's decision based on a four-part test:

(1) the thoroughness of the agency's investigation;

(2) the validity of its reasoning;

(3) the consistency of its interpretation over time; and

(4) other persuasive powers of the agency.