Upon the appeal of a decision of the commission, the district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall not set the same aside on any other grounds:
(1)  That the findings of fact are not based on any substantial, competent evidence;

Terms Used In Idaho Code 67-5318

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commission: means the Idaho personnel commission. See Idaho Code 67-5302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
(2)  That the commission has acted without jurisdiction or in excess of its powers;
(3)  That the findings of fact by the commission do not as a matter of law support the decision.