§703 — Title 5 Government Organization and Employees | U.S. Code

Summary

Start court review using the special process and court named by law. If none or inadequate, you may sue the United States, the agency by its official title, or the appropriate officer, using legal actions like declaratory judgment, injunction, or habeas corpus, unless the law already provides an earlier, exclusive court review.

Title 5, §703

Government Organization and Employees — Source: USLM XML via OLRC

The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1009(b).June 11, 1946, ch. 324, § 10(b), 60 Stat. 243. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1976—Pub. L. 94–574 provided that if no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer as defendant.

§703 Form and Venue of Proceeding