Jones v. West

I concur with the majority with regard to its decision in Parts IIA and III. I dissent with regard to Part II B, because I believe substantial evidence supports the agency’s decision and West did not prove that the procedural violations were not mere harmless error. Thus, I need not address Part II C.

The Administrative Process Act, Code 2.2-4000 et seq., provides that “the duty of the court with respect to issues of fact shall be limited to ascertaining whether there was substantial evidence in the agency record upon which the agency as the trier of the facts could reasonably find them to be…