Title 5, Government Organization and EmployeesRelease 119-102
§705 Relief Pending Review
Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 7 — JUDICIAL REVIEW › § 705
Summary
An agency can delay the start date of its action while a court reviews it if fairness requires. The reviewing court, including appeal courts, can order delays or protections to prevent harm that cannot be fixed.
Full Legal Text
Title 5, §705
Government Organization and Employees, Source: USLM XML via OLRC
When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1009(d).June 11, 1946, ch. 324, § 10(d), 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 705
Title 5, Government Organization and Employees
Last Updated
Aug 21, 2026
Release point: 119-102