To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1)compel agency action unlawfully withheld or unreasonably delayed; and
(2)hold unlawful and set aside agency action, findings, and conclusions found to be—
(A)arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B)contrary to constitutional right, power, privilege, or immunity;
(C)in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D)without observance of procedure required by law;
(E)unsupported by substantial evidence in a case subject to sections
556 and
557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F)unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1)compel agency action unlawfully withheld or unreasonably delayed; and
(2)hold unlawful and set aside agency action, findings, and conclusions found to be—
(A)arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B)contrary to constitutional right, power, privilege, or immunity;
(C)in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D)without observance of procedure required by law;
(E)unsupported by substantial evidence in a case subject to sections
556 and
557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F)unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report.
Abbreviation of Record
Pub. L. 85–791, Aug. 28, 1958, 72 Stat. 941, which authorized abbreviation of record on review or enforcement of orders of administrative agencies and review on the original papers, provided, in section
35 thereof, that: “This Act [see Tables for classification] shall not be construed to repeal or modify any provision of the Administrative Procedure Act [see Short Title note set out preceding section
551 of this title].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
5 USC
Description of Change
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Statutes at Large
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