§75-322.

§75-322.
   
   (1) In any proceeding for the review of an agency order, proceeding
   for the review of an agency order, the Supreme Court or the district
   court, as the case may be, in the exercise of proper judicial
   discretion or authority, may set aside or modify the order, or reverse
   it and remand it to the agency for further proceedings, if it
   determines that the substantial rights of the appellant or petitioner
   for review have been prejudiced because the agency findings,
   inferences, conclusions or decisions, are:
   
   (a) in violation of constitutional provisions; or
   
   (b) in excess of the statutory authority or jurisdiction of the
   agency; or
   
   (c) made upon unlawful procedure; or
   
   (d) affected by other error of law; or
   
   (e) clearly erroneous in view of the reliable, material, probative and
   substantial competent evidence, as defined in Section 10 of this act,
   including matters properly noticed by the agency upon examination and
   consideration of the entire record as submitted; but without otherwise
   substituting its judgment as to the weight of the evidence for that of
   the agency on question of fact; or
   
   (f) arbitrary or capricious; or
   
   (g) because findings of fact, upon issues essential to the decision
   were not made although requested.
   
   (2) The reviewing court, also in the exercise of proper judicial
   discretion or authority, may remand the case to the agency for the
   taking and consideration of further evidence, if it is deemed
   essential to a proper disposition of the issue.
   
   (3) The reviewing court shall affirm the order and decision of the
   agency, if it is found to be valid and the proceedings are free from
   prejudicial error to the appellant.