 | United States - 1997 - 776 pages
...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...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.... | |
 | David H. Rosenbloom, Rosemary O'Leary, Joshua Chanin - 1996 - 372 pages
...section 706(2)(F) states that an agency's decision may be reversed if it is unwarranted by the facts "to the extent that the facts are subject to trial de novo by the reviewing court." At the same time, however, courts generally acknowledge that an agency fact finder who has heard the... | |
 | United States. Congress. House. Committee on Resources - 1998 - 552 pages
...substantial evidence in a cue subject to sections 556 and 5S7 of this title... (T) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In its review, this Court may consider whether the agency action was based on a consideration of the relevant... | |
 | United States - 1998 - 240 pages
...law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. 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.... | |
 | Glenn R. Carroll, David J. Teece - 1999 - 561 pages
...otherwise reviewed on the record of an agency hearing provided by statute; or (0 unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. That is, there are two issues in judicial review, substance and procedure. Both are stipulated by the... | |
 | United States, United States. Congress. House. Committee on Commerce - 1999 - 772 pages
...party, and due account shall be taken of the rule of prejudicial error. (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. APPENDIX TO TITLE 5, USC (INSPECTOR GENERAL ACT OF 1978) REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED... | |
 | William F. Funk, Jeffrey S. Lubbers, Charles Pou (Jr.) - 2000 - 1036 pages
...(Sen. Doc. pp. 39-40) ; HR Rep. p. 45 (Sen. Doc. p. 279) . To the contrary, the language of clause (6), "to the extent that the facts are subject to trial de novo by the reviewing court", obviously refers only to those existing situations in which Judicial review has consisted of a trial... | |
| |
In making the foregoing determinations the Court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error. 
