 | United States. Congress. Senate. Committee on Interstate & Foreign Commerce - 1956 - 182 pages
...be subject to judicial review. * * * " (e) SCOPE OF REVIEW. — So far as necessary to decision and where presented the reviewing court shall decide all...action unlawfully withheld or unreasonably delayed, (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary,... | |
 | United States. Interstate Commerce Commission - 1977 - 960 pages
...underlying basis for the action must be closely examined. In fact, a court reviewing the matter shall "hold unlawful and set aside agency action, findings, and conclusions found to be" not in accord with specified criteria. See Administrative Procedure Act, 5 USC § 706. Furthermore,... | |
 | United States. Customs Court - 1970 - 1246 pages
...as specifically set forth in section 1009 (e). Scope of review. So far as necessary to decision and where presented the reviewing court shall decide all...shall (A) compel agency action unlawfully withheld or imreasonably delayed ; and (B) hold unlawful and set aside agency action, findings, and conclusions... | |
 | United States. Federal Maritime Commission - 1963 - 946 pages
...Section 10 (e) Administrative Procedure Act : SCOPE OF REVIEW. — So far as necessary to decision and where presented the reviewing court shall decide all...applicability of the terms of any agency action. It shall • • • (B) hold unlawful and set aside agency action, findings, and conclusions fonnd to be •... | |
 | United States. Customs Court - 1973 - 642 pages
...does not include — ******* § 706. Scope of review. To the extent necessary to decision and when presented, the reviewing court shall decide all relevant...determine the meaning or applicability of the terms of an agency action. The reviewing court shall — ******* (2) hold unlawful and set aside agency action,... | |
 | United States. Customs Court - 1977 - 316 pages
...meaning or applicability of the terms of an agency action. The reviewing court shall — ******* (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; * *... | |
 | United States. Department of Agriculture - 1989 - 826 pages
...judicial review thereof. . . . § 706. Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant...constitutional and statutory provisions, and determine 4In Nat'l Farmers Org., Inc. v. Lyng, 695 F. Supp. 1207 (DDC 1988), the court held (erroneously, I... | |
 | United States. Department of Agriculture - 1997 - 714 pages
...Procedure Act, . . . which provides . . . .: [§706. Scope of review . . . The reviewing court shall— (2) hold unlawful and set aside agency action, findings, and conclusions found to be—] accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess... | |
 | United States. Department of Agriculture - 2003 - 544 pages
...this 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... | |
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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. 
