Federico v. Brannan Sand & Gravel Co.

I agree with the majority that the Administrative Procedure Act (APA) standard of review applies to the Industrial Claim Appeals Panel (panel) when it reviews a hearing officer’s decision in an unemployment compensation matter. I respectfully dissent, however, from the majority’s application of that standard in this case.

Section 24-4-105(15)(b), 10A C.R.S. (1988), provides in relevant part:

The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the…