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

Summary

When a court looks at an agency's decision, it must answer the legal questions, read and explain the law and Constitution, and say what the agency's words mean or whether they apply. The court must make an agency act if it illegally refused or unreasonably delayed. The court must also throw out agency actions, findings, or conclusions if they were made without a reasonable basis, violated constitutional rights, went beyond the agency’s legal power, ignored required procedures, lacked substantial evidence when the case is reviewed on the agency record, or were not supported by the facts when the court reexamined them.

Title 5, §706

Government Organization and Employees — Source: USLM XML via OLRC

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 section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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.

Statutory Notes and Related Subsidiaries

Abbreviation of Record 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].”

§706 Scope of Review