FCC v. Allentown Broadcasting Corp

In FCC v. Allentown Broadcasting Corp., 349 U.S. 358, 75 S.Ct. 855, 99 L.Ed. 1147 (1955), the Court cautioned that an agency is not bound by an ALJ's credibility determinations. 349 U.S. at 364, 75 S.Ct. at 859. The Court concluded that an agency's power to reject an ALJ's credibility findings is not limited to cases where there is a "very substantial preponderance" in the record that such findings are erroneous because this test would reinstate the clearly erroneous rule rejected in Universal Camera. Id.