In Nelson, we relied on the plain language of section 3.736 to conclude that the "trier of fact" was neither the state agency nor the court of appeals.
The court of appeals, holding that DHS's decision was not supported by substantial evidence, reversed and directed DHS to grant Schlener's request. Nelson v. Schlener, No. A13–0936, 2014 WL 502975 (Minn.App. Feb. 10, 2014). Because we conclude that the court of appeals did not have subject matter jurisdiction over Schlener's petition for a writ of certiorari, we vacate the court of appeals' decision.
