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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A provincial government agency suspends its Municipal Engineer for six months for gross neglect of duty in approving a road-construction project. The record includes: (i) sworn affidavits from three field inspectors alleging the engineer approved payments despite known defects; (ii) drone footage and site logs showing unfinished work and recurring repairs; (iii) the engineer’s written defense claiming adherence to standard procedures and reliance on higher officials; (iv) an internal auditor’s memo suggesting a potential conflict of interest with a contractor connected to the engineer. The decision-maker relied on (i)-(iii) and did not consider (iv). Which of the following statements best describes the controlling standard of substantial evidence and the appropriate disposition based on the record?

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Substantial evidence is the controlling standard; the record shows that the evidence, taken as a whole, supports the conclusion and due process was observed; the suspension should be affirmed. Substantial evidence is the standard; the evidence is somewhat indirect but sufficient to sustain the finding, so the agency may uphold the suspension without remand. Substantial evidence is the controlling standard; because the record includes sworn affidavits and drone footage alleging neglect, the suspension is supported and no remand is required. Substantial evidence is the controlling standard; the record lacks substantial evidence because the decision-maker did not consider the potential conflict of interest raised in item (iv); the remedy is to set aside the suspension and remand for proper weighing of all relevant evidence, including (iv).

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