Administrative Agency Decision Appeal
When an appeal is taken from a circuit court order reviewing an administrative agency decision, we review the agency's decision, not the circuit court's decision. See Sterlingworth Condominium Ass'n., Inc. v. DNR, 205 Wis. 2d 710, 720, 556 N.W.2d 791 (Ct. App. 1996).
Our scope of review is identical to that of the circuit court. See L&H Wrecking Co., Inc. v. LIRC, 114 Wis. 2d 504, 508, 339 N.W.2d 344 (Ct. App. 1983).
Generally, the question of an employer's motivation is a question of fact. See Currie v. DILHR, 210 Wis. 2d 380, 386, 565 N.W.2d 253 (Ct. App. 1997).
When presented with a factual question, we employ the substantial evidence standard of review. See Knight v. LIRC, 220 Wis. 2d 137, 149, 582 N.W.2d 448 (Ct. App. 1998), review denied, 220 Wis. 2d 365, 585 N.W.2d 157 (1998).
Under this standard, the agency's factual conclusion will not be set aside unless we determine that such conclusion could not have been reached by a reasonable person acting reasonably. See id.
Where conflicting views of the evidence may each be sustained by substantial evidence, it is for the agency to determine which view of the evidence to accept. See Robertson Transp. Co. v. Public Serv. Comm'n, 39 Wis. 2d 653, 658, 159 N.W.2d 636 (1968).