Section 7803. Questions raised  


Latest version.
  • The only questions that may be raised in a
      proceeding under this article are:
        1. whether the body or officer failed to perform a duty enjoined  upon
      it by law; or
        2. whether the body or officer proceeded, is proceeding or is about to
      proceed without or in excess of jurisdiction; or
        3.  whether a determination was made in violation of lawful procedure,
      was affected by an error of law or was arbitrary and  capricious  or  an
      abuse  of discretion, including abuse of discretion as to the measure or
      mode of penalty or discipline imposed; or
        4. whether a determination made as a result of a hearing held, and  at
      which evidence was taken, pursuant to direction by law is, on the entire
      record, supported by substantial evidence.
        5.  A  proceeding  to  review  the final determination or order of the
      state review officer pursuant to subdivision three of section forty-four
      hundred four of the education law shall be brought pursuant  to  article
      four  of  this chapter and such subdivision; provided, however, that the
      provisions of this article shall not apply to any  proceeding  commenced
      on or after the effective date of this subdivision.