2017 US Code
Title 5 - Government Organization and Employees
Part I - The Agencies Generally
Chapter 7 - Judicial Review
Sec. 706 - Scope of review

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Citation 5 U.S.C. § 706 (2017)
Section Name §706. Scope of review
Section Text

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.

Source Credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.)

Editorial Notes
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes and Statutes at Large
5 U.S.C. 1009(e). June 11, 1946, ch. 324, §10(e), 60 Stat. 243.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report.


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]."

Publication Title United States Code, 2012 Edition, Supplement 5, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Sec. 706 - Scope of review
Contains section 706
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 60 Stat. 243
72 Stat. 941
80 Stat. 393
Public Law References Public Law 85-791, Public Law 89-554
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