 | United States. Congress. Senate - 2000 - 1220 pages
...subsection (c) of this section, the Board shall review the whole record, or those parts of it cited by a isability -4 (e) Decision The Board shall issue a written decision setting forth the reasons for its decision. The... | |
 | René Seerden, F. A. M. Stroink - 2002 - 378 pages
...procedure required by law; e. unsupported by substantial evidence ...; or f. unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. 4.3.5. Review of the Facts The APA provides that an agency's decision must be supported by 'substantial... | |
 | Donald C. Baur, William Robert Irvin - 2002 - 620 pages
...such a finding. Agency decisions reviewed under the APA may be reversed as "unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court." Federal courts rarely find that agency fact decisions are subject to trial de novo, and there are no... | |
 | Robert Lee Aston - 2002 - 354 pages
...otherwise reviewed on the record of an agency hearing provided by statute f. Unwarranted by the facts to the extent that the facts are subject to trial de novo (a new trial) by the reviewing court As previously stated in Section 2.2.9 on contested cases, a basic... | |
 | United States - 2003 - 992 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.... | |
 | United States - 2003 - 1024 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.... | |
 | United States - 2003 - 1134 pages
...unsupported by substantial evidence, 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. (d) Any district court reviewing under this section the decision, findings, and determinations of an... | |
 | George D. Pozgar - 2004 - 584 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.37... | |
 | Irene Y. Capozzi - 2006 - 94 pages
...law; (ii) not made consistent with required procedures; or (iii) 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.... | |
 | United Nations Environment Programme - 2007 - 252 pages
...provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to tria 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 ru e of prejudicial error.... | |
| |
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. 
