We affirm the Bureau's decision, unless its findings of fact are not supported by a preponderance of the evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law. Johnson v. N.D. Workers' Compensation Bureau, 496 N.W.2d 562, 563 (N.D. 1993). In determining if the Bureau's findings of fact are supported by a preponderance of the evidence we determine only whether a reasoning mind could have determined that the Bureau's factual conclusions were supported by the evidence.

This Court has repeatedly and consistently said judicial review of an administrative agency's findings of fact is limited to whether a reasoning mind could have reasonably determined that its findings were supported by the evidence. Fischer v. North Dakota Workers Compensation Bureau, 530 N.W.2d 344 (N.D. 1995); BKU Enterprises, Inc. v. Job Service North Dakota, 513 N.W.2d 382 (N.D. 1994); Johnson v. North Dakota Workers Compensation Bureau, 496 N.W.2d 562 (N.D. 1993). Despite that consistent warning to respect the authority of the other separate, co-equal branches of government, both the district court and the majority in this case have retried the evidence and drawn their own inferences and actual conclusions in order to reach a preferred result. I certainly do not condone the violent behavior reflected in this case, whether found in the workplace or elsewhere, and had I been the agency's hearing officer, I might well have found Rainey's behavior was mutual combat, as do the trial court and the majority.

Evans, supra, 437 N.W.2d at 849. On appeal, we review the Department's decision and not the decision of the district court. Dittus v. North Dakota Dept. of Transp., 502 N.W.2d 100 (N.D. 1993); Johnson v. N.D. Workers' Comp. Bureau, 496 N.W.2d 562 (N.D. 1993). At the administrative hearing, the officer testified that he attempted to stop Maher's vehicle by activating his emergency lights and siren, while at a distance of approximately ten car-lengths behind Maher's vehicle.

Wherry v. North Dakota State Hospital, 498 N.W.2d 136 (N.D. 1993). Nor do we review the decision of the district court, as the dissent seems to suggest. Johnson v. North Dakota Workers' Compensation Bureau, 496 N.W.2d 562 (N.D. 1993). Rather, we determine only whether a reasoning mind reasonably could have concluded that the agency's findings of fact were supported by the weight of the evidence. Tobias v. North Dakota Dep't of Human Services, 448 N.W.2d 175 (N.D. 1989).