 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...  Regulatory Reform Act--S. 1080: Hearing Before the Subcommittee on ... - Page 806by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Regulatory Reform - 1982 - 1272 pagesFull view - About this book
 | United States. Congress. Senate. Committee on Interstate & Foreign Commerce - 1956 - 182 pages
...any agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed, (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, * * *" 3. Lack of adequate record. — The letter states that the court... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1986 - 996 pages
...or applicability of the terms of an agency action." §706. The court must set aside agency actions and conclusions found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" or "in excess of statutory jurisdiction, authority, or limitations,... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1950 - 940 pages
...corpus) in any court of competent jurisdiction. * * * (e) * * * It [the reviewing court] shall (B) hold unlawful and set aside agency action, findings and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * * (5)... | |
 | 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 - 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 - Agricultural laws and legislation - 1945 - 1138 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) e, and to accept from persons for whom such work is performed reimbursement for (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1946 - 124 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; (2) contrary... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, or otherwise not in accordance with law; (2) contrary to constitutional... | |
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