 | United States. Congress. Senate. Committee on Interstate & Foreign Commerce - 1956 - 182 pages
...of any agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed, (B) hold unlawful and set aside agency action, findings,...conclusions found to be (1) arbitrary, capricious, * * *" 3. Lack of adequate record. — The letter states that the court of appeals acts •only on... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1950 - 940 pages
...habeas corpus) in any court of competent jurisdiction. * * * (e) * * * It [the reviewing court] shall (B) hold unlawful and set aside agency action, findings...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * * (5) unsupported by substantial evidence * * *. The provisions... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 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 - Customs administration - 1973 - 642 pages
...statutory provisions, and determine the meaning or applicability of the terms of any agency action. It shall (A) compel agency action unlawfully withheld...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * *." This section was repealed as part of the general revision... | |
 | United States. Customs Court - Customs administration - 1970 - 1246 pages
...the terms of any agency action. It shall (A) compel agency action unlawfully withheld or imreasonably delayed ; and (B) hold unlawful and set aside agency...conclusions found to be (1) arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right,... | |
 | United States. Customs Court - Customs administration - 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 - Agricultural laws and legislation - 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 - Agricultural laws and legislation - 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... | |
 | United States. National Labor Relations Board - Labor laws and legislation - 1946 - 732 pages
...statutory provisions, and determine the meaning or applicability of the terms of any agency action. It shall (A) compel agency action unlawfully withheld...arbitrary, capricious, an abuse of discretion, or other, 72 F. Sunn. 225 wise not in accordance with law; (2) contrary to constitutional right, power,... | |
 | United States. National Labor Relations Board - Labor laws and legislation - 1954 - 1568 pages
...1009. Judicial review of agency action • **•••• "(e) * * * the reviewing court shall * * * (B) hold unlawful and set aside agency action, findings,...accordance with law; (2) contrary to constitutional right, powor, privilege, or immunity ; (3) in excess of statutory jurisdiction, authority, or limitations,... | |
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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... 
