No specific laws identified for this ruling.
The trial court reversed the State Personnel Commission's finding of age discrimination and affirmed the Department's decision not to promote Greene. The Court of Appeals affirmed the trial court, ruling against the employee.
1. Administrative Law — judicial review — whole record test The whole record test was to be applied by the trial court where a petitioner contesting a State hiring decision argued that the Administrative Law Judge's findings were not supported by substantial evidence. The whole record test requires that the trial court take all evidence into account, including the evidence which supports and evidence which contradicts the agency's findings. If the agency's findings are not supported by substantial evidence, the court may make its own, but the whole record test is not a tool of judicial intrusion. 2. Appeal and Error — assignments of error — too broadsided An assignment of error involving application of the whole record test and the court's substitution of its own judgment could not be reviewed where respondent's assignments of error were too broadsided. None were followed by citations to the record or transcript, none specified which findings were being challenged, and the Court of Appeals could not determine the findings respondent was challenging.Page 531 3. Administrative Law — judicial review — improper determination of credibility — no prejudice The improper substitution of the trial court's judgment about credibility for that of the Administrative Law Judge was not prejudicial where the finding had no bearing on the ultimate issue of whether respondent suffered age discrimination in not receiving a promotion at a state agency. 4. Appeal and Error — preservation of issues — Administrative Law Judge's conclusion A state agency (petitioner) preserved appellate review of an Administrative Law Judge's conclusion that respondent established a prima facie case of age discrimination where it specifically excepted to many of
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