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" ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law... "
Pending Legislation: Hearing Before the Committee on Veterans' Affairs ... - Page 79
by United States. Congress. Senate. Committee on Veterans' Affairs - 2003 - 82 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 464

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1986 - 996 pages
...the terms of an agency action." §706. The court must set aside agency actions and conclusions found to be "arbitrary, capricious, an abuse of discretion,...statutory jurisdiction, authority, or limitations, or short of statutory right." §§ 706(2)(A) and (C). Opinion of the Court 464 US 166 (1971)." Guided...
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Hearings, Reports and Prints of Joint Committee on Congressional Operations

United States. Congress. Joint Committee on Congressional Operations - Legislative hearings - 1973 - 1038 pages
...(1) holding unlawful and setting aside of agency action that is arbitrary, an abuse of discretion, or otherwise not in accordance with law or in excess of statutory jurisdiction, authority, limitations or short of statutory right (§ 706) and (2) any form of legal action including declaratory...
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Legislation on Foreign Relations Through ...

United States - United States - 1990 - 1190 pages
...determination, finding, or conclusion found — (A) in an action brought under paragraph (1) of subsection (a>. to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or (B) in an action brought under paragraph (2) of subsection (aX to be unsupported by substantial evidence...
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Legislation on Foreign Relations Through ...

United States, United States. Congress. House. Committee on International Relations - United States - 1997 - 1548 pages
...conclusion found — (A) in an action brought under subparagraph (A), (B), or (C) of subsection (a)(l),104 to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or (B) 105 (i) in an action brought under paragraph (2) of subsection (a), to be unsupported by substantial...
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Veterans' Administration Adjudication, Procedure, and Judicial Review Act ...

United States. Congress. Senate. Committee on Veterans' Affairs - Administrative procedure - 1979 - 404 pages
...not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity,' (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law. If the reviewing court finds...
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Radio Deregulation Act of 1981: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Communications - Government publications - 1981 - 184 pages
..."agency action, findings, and conclusions" which are "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law," ' or "in...statutory jurisdiction, authority, or limitations, or short of statutory right." 2 The stringency of review under these standards depends in a given case...
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H.R. 585 and Other Bills Relating to Judicial Review of Veterans' Claims ...

United States. Congress. House. Committee on Veterans' Affairs - Judicial review of administrative acts - 1986 - 430 pages
...be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; ". It is our perception that more cases than not have been decided by Federal judges...
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Overview and Compilation of U.S. Trade Statutes: Including Economic Data

United States, United States. Congress. House. Committee on Ways and Means - Customs administration - 1993 - 1068 pages
...conclusion found— (A) in an action brought under paragraph (1) of subsection (a) of this section, to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or (B) in an action brought under paragraph (2) of subsection (a) of this section, to be unsupported by...
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Oversight on the Operation of the Board of Veterans Appeals and the U.S ...

United States. Congress. House. Committee on Veterans' Affairs. Subcommittee on Compensation, Pension, and Insurance - 1991 - 198 pages
...not in accordance with law; (B) contrary to constitutional right, power, privilege or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law; and (4) in the case of a...
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Administrative Law: Rethinking Judicial Control of Bureaucracy

Christopher F. Edley - Law - 1992 - 288 pages
...cases cited therein. 59. APA, 5 USC §§ 7o6(2)(A), (C) (reviewing court to set aside agency action "not in accordance with law" or "in excess of statutory jurisdiction, authority, or limitations"). 6o. See Nat'l Petroleum Ref1ners Ass'n v. FTC, 482 F.2d 672 (DC Cir. 1973) (reversing lower court ruling...
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