§ 706. — Scope of review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC706]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 7--JUDICIAL REVIEW
Sec. 706. Scope of review
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
sections 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.
In making the foregoing determinations, the court shall review the whole
record or those parts of it cited by a party, and due account shall be
taken of the rule of prejudicial error.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 1009(e). June 11, 1946, ch.
324, Sec. 10(e), 60
Stat. 243.
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Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface of this report.
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 [enacting section 2112 of Title 28,
Judiciary and Judicial Procedure, and amending sections 1036 and 1037(c)
of former Title 5 [now sections 2346 and 2347(c) of Title 28], sections
8, 9, 193(c), 194(b)-(d), (h), 1115(c), 1599(c), 1600, and 1601 of Title
7, Agriculture, section 1848 of Title 12, Banks and Banking, sections
21, 45(b)-(d), 77i(a), 78y(a), 79x(a), 80a-42(a), 80b-13(a), and
717r(a), (b) of Title 15. Commerce and Trade, section 825l(a), (b) of
Title 16, Conservation, sections 81r(c) and 1641(b) of Title 19, Customs
Duties, section 277(b) of Title 20, Education, sections 346a(i)(2), (3),
371(f)(1), (3) of Title 21, Food and Drugs, section 1631f(b) of Title
22, Foreign Relations and Intercourse, section 204(h), Title 27,
Intoxicating Liquors, sections 160(d)-(f) and 210(a) of Title 29, Labor,
section 576 of former Title 39, The Postal Service, section 291j(b)(1),
(2) of Title 42, Public Health and Welfare, section 315(f) of Title 45,
Railroads, section 1181(b) of Title 46, Appendix, Shipping, section
402(d) of Title 47, Telegraphs, Telephones, and Radiotelegraphs, section
646(c) of former Title 49, Transportation, and sections 793(a), 820(e),
821(c), (d) of Title 50, War and National Defense] shall not be
construed to repeal or modify any provision of the Administrative
Procedure Act.''
Section Referred to in Other Sections
This section is referred to in section 7123 of this title; title 2
sections 501, 502, 1409, 1571; title 7 sections 252, 2143; title 8
section 1182; title 10 section 1508; title 11 section 1172; title 12
sections 1701q-1, 1723i, 1735f-14, 1735f-15, 3105; title 14 section 425;
title 15 sections 57a, 78y, 1262, 1474, 2618, 5408, 6503, 6751; title 16
sections 773f, 839f, 973f, 1379, 1855, 1858, 2437, 3142, 3636, 5010,
5507; title 18 sections 843, 3625; title 19 section 1337; title 22
section 4140; title 25 section 954; title 28 sections 1491, 2640, 3902;
title 29 sections 727, 1813, 1853; title 30 sections 956, 1462; title 39
section 3628; title 41 section 422; title 42 sections 300gg-22, 610,
3545, 5405, 5919, 6976, 7607, 9152, 14922, 14924; title 45 sections 726,
904, 915, 1105; title 47 section 402; title 49 sections 20104, 32904;
title 50 App. section 2412.
