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... Federal Food, Drug, and Cosmetic Act. Hearings ... 1951 - 205. lappuseautors: United States. Congress. House. Interstate and foreign commerce - 1951 - 229 lapasPilnskats - Par šo grāmatu
| United States. Congress. Senate. Committee on Interstate & Foreign Commerce - 1956 - 182 lapas
...of any agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed, (B) hold unlawful and set aside agency action, findings,...conclusions found to be (1) arbitrary, capricious, * * *" 3. Lack of adequate record. — The letter states that the court of appeals acts •only on... | |
| United States. Court of Claims, Audrey Bernhardt - 1950 - 940 lapas
...habeas corpus) in any court of competent jurisdiction. * * * (e) * * * It [the reviewing court] shall (B) hold unlawful and set aside agency action, findings...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * * (5) unsupported by substantial evidence * * *. The provisions... | |
| United States. Interstate Commerce Commission - 1977 - 960 lapas
...underlying basis for the action must be closely examined. In fact, a court reviewing the matter shall "hold unlawful and set aside agency action, findings, and conclusions found to be" not in accord with specified criteria. See Administrative Procedure Act, 5 USC § 706. Furthermore,... | |
| United States. Customs Court - 1973 - 642 lapas
...action within the meaning of any relevant statute, shall be entitled to judicial review thereof. ******* (e) Scope of review. So far as necessary to decision...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * *." This section was repealed as part of the general revision... | |
| United States. Customs Court - 1970 - 1246 lapas
...the terms of any agency action. It shall (A) compel agency action unlawfully withheld or imreasonably delayed ; and (B) hold unlawful and set aside agency...conclusions found to be (1) arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right,... | |
| United States. Customs Court - 1977 - 316 lapas
...meaning or applicability of the terms of an agency action. The reviewing court shall — ******* (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; * *... | |
| United States. Department of Agriculture - 1997 - 714 lapas
...Procedure Act, . . . which provides . . . .: [§706. Scope of review . . . The reviewing court shall— (2) hold unlawful and set aside agency action, findings, and conclusions found to be—] accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess... | |
| United States. Department of Agriculture - 2003 - 544 lapas
...this 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... | |
| United States. National Labor Relations Board - 1946 - 732 lapas
...that the action meanwhile shall be inoperative) for an appeal to superior agency authority. * * * "(e) So far as necessary to decision and where presented...arbitrary, capricious, an abuse of discretion, or other, 72 F. Sunn. 225 wise not in accordance with law; (2) contrary to constitutional right, power,... | |
| United States. National Labor Relations Board - 1968 - 1378 lapas
...F.Supp. 741. '29D.SCA { 160<f). •5D.SCA | 1005 (a). '5U.SCA | 1009 (e). 295 F.2d 856 (CA 4) lawfully withheld or unreasonably delayed: and (B) hold unlawful...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law * * *; (3) in excess of statutory jurisdiction, authority, or... | |
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