“As distinguished from the any competent evidence test and a de novo review, the whole record test gives a reviewing court the capability to determine whether an administrative decision has a rational basis in the evidence.” (internal quotation marks and citations omitted)
How later courts described this case
- “As distinguished from the any competent evidence test and a de novo review, the whole record test gives a reviewing court the capability to determine whether an administrative decision has a rational basis in the evidence.” (internal quotation marks and citations omitted)
Written by the judges who cited it.
The opinion
Chief Judge VAUGHN
dissenting.
In compliance with Rule 16, North Carolina Rules of Appellate Procedure 2d, Walker Grading and Hauling v. S.R.F. Management Corp., 311 N.C. 170 (1984), reversing the decision in the same case reported in 66 N.C. App. 170 , 310 S.E. 2d 615 (1984), I state the issue upon which there is a division in this court. It is whether the trial judge erred when he reversed the Board of Education.
Among the several reasons why I consider the decision to be in error is that, in my judgment, the trial judge failed to give appropriate consideration to the evidence that supports the decision of the Board as well as that which detracts. When the evidence that supports the decision is considered, the decision of the Board has a rational basis in fact. Whether the Board’s decision has a rational basis in fact is the only question presented on appeal.