Because no member of the Commission requested review within thirty days, the ALJ's report became final on March 4, 1997. RPC now claims that the ALJ's decision is not supported by substantial evidence and is arbitrary and capricious. The ALJ's determination may be set aside if arbitrary, capricious, an abuse of discretion, or contrary to law. Under this standard, the court must consider whether there has been a clear error in judgment. The ALJ's factual determinations must be affirmed if they are supported by substantial evidence on the record considered as a whole.
Substantial evidence is more than a scintilla, but less than a preponderance, of the evidence.
It is such relevant evidence as a reasonable mind might accept as adequate to support the conclusion reached. National Labor Relations Board v. The Commission has held that when the other listed protective devices are used, a safety net is not required. The only issue on appeal is whether RPC should have detected the violation through reasonable diligence. There is a presumption that a general contractor has sufficient control over its subcontractors to require them to comply with safety standards.