Title 5 — Government Organization and Employees
Part I · Chapter 7 — Judicial Review
§ 706. Scope of review
Statutory text
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—
compel agency action unlawfully withheld or unreasonably delayed; and
hold unlawful and set aside agency action, findings, and conclusions found to be—
arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
contrary to constitutional right, power, privilege, or immunity;
in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
without observance of procedure required by law;
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 706
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.)
Source evidence
Code source credit
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.)
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised 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, , 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].”
Credits
(Pub. L. 89–554, , 80 Stat. 393.)