[11] In reviewing an agency's order, we apply the same standard as the trial court. Ind. Dep't of Nat. Res. v. Prosser , 132 N.E.3d 397, 401 (Ind. Ct. App. 2019), trans. denied. Our supreme court has described our standard of review as follows:
[¶12] In reviewing an agency's order, we apply the same standard as the trial court. Ind. Dep't of Nat. Res. v. Prosser, 132 N.E.3d 397, 401 (Ind.Ct.App. 2019), trans. denied (2020). Our supreme court has described our standard of review as follows:
We do not try the case de novo, reweigh the evidence, judge witness credibility, or substitute our judgment for that of the agency. Ind. Dep't of Nat. Res. v. Prosser, 132 N.E.3d 397, 401 (Ind.Ct.App. 2019) (citing Ind. Code § 4-21.5-5-11), trans. denied. We are bound by the agency's findings of fact if those findings are supported by substantial evidence.
State v. Carmel Healthcare Mgmt., Inc., 660 N.E.2d 1379, 1384 (Ind.Ct.App. 1996) (citation omitted), trans. denied. Ind. Dep't of Nat. Res. v. Prosser, 132 N.E.3d 397, 401 (Ind.Ct.App. 2019), trans. denied. Further,
For the purposes of judicial review, "[s]ubstantial evidence is more than a scintilla, but something less than a preponderance of the evidence." Ind. Dep't of Nat. Res. v. Prosser, 132 N.E.3d 397, 401 (Ind. Ct. App. 2019), trans. denied; accord Ind. High Sch. Athletic Ass’n, Inc. v. Watson, 938 N.E.2d 672, 680-81 (Ind. 2010).
[¶13] As for Daniel's other claim for relief, that the ISP Board's decision was not supported by substantial evidence, he must show that the evidence amounts to less than "a scintilla." Ind. Dep't of Nat. Res. v. Prosser, 132 N.E.3d 397, 401 (Ind.Ct.App. 2019) (quoting State v. Carmel Healthcare Mgmt., Inc., 660 N.E.2d 1379, 1384 (Ind.Ct.App. 1996)).
"Substantial evidence is more than a scintilla, but something less than a preponderance of the evidence." Ind. Dep't of Nat. Res. v. Prosser , 132 N.E.3d 397, 401 (Ind. Ct. App. 2019), trans. denied (2020). "Reviewing courts must consider the record in the light most favorable to the administrative proceedings, and may not reweigh the evidence or assess the credibility of witnesses."