The issue is whether the AL's conclusion of law
is erroneous and whether the findings of fact are supported by the evidence in the record taken as a whole.
A sum of ` 50 lakh was remitted to SEBI " for the sole purpose of settling the matter on hand, without admitting or denying the guilt on the part of notice to the finding of fact or conclusion of law
," the SEBI order states.
489, and advocates of this school of thought would argue that the board is free to reject a conclusion of law
based on an interpretation of any statute within Ch.
The court's conclusion of law
in this case directly conflicts with the Attorney General's opinion that 'a gathering of less than a quorum .
He illustrated with an allegation that the "defendant owes plaintiff $500," which was usually treated as an impermissible conclusion of law
under the codes.
The court held, inter alia, that the agency's conclusion of law
, stating that Collins abused the patient was supported by substantial evidence in the record, was not arbitrary, capricious, or an abuse of discretion, and was not affected by error of law.
Executive council members said they were concerned with a change that determinations in standard-of-care cases are a conclusion of law
, rather than a finding of fact, and can be made by a regulatory board.
When an agency rejects conclusions of law contained in a recommended order, it must state, with particularity, its reasons for so doing and make a finding that its substituted conclusion of law
is as, or more, reasonable than that which was either rejected or modified.
These conclusion of law
have no effect at the ITC unless the Administrative Law Judge's decision to dismiss the complaint is reversed and the record deemed complete by the Commissioners who are now reviewing his decision.
To view the Department of Corporation's "Findings of Fact, Conclusion of Law
, and Consent Order" for E*Trade, please go to: http://www.