 | United States. Customs Court - Customs administration - 1970 - 1246 pages
...unsupported by substantial evidence in any case subject to the requirements of sections 1006 and 1007 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing... | |
 | United States. Department of Agriculture - Agricultural laws and legislation - 1997 - 714 pages
...privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure...are subject to trial de novo by the reviewing court. 5 USC § 706(2). Petitioner has the burden of proving that the rule making record does not provide... | |
 | United States. Department of Agriculture - Agricultural laws and legislation - 1989 - 826 pages
...privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure...the record of an agency hearing provided by statute. The "narrow" scope of review under the arbitrary and capricious standard (just quoted (5 USC § 706(2)(A))... | |
 | United States. Department of Agriculture - Agricultural laws and legislation - 2003 - 544 pages
...or short of statutory right; (D) without observance of procedure required by law; 62 Agric. Dec. 621 557 of this title or otherwise reviewed on the record...are subject to trial de novo by the reviewing court. 5 USC § 706. This is a dispute over the propriety of the rules promulgated by the Secretary. The First... | |
 | United States - Agricultural laws and legislation - 1945 - 1138 pages
...unsupported by substantial evidence in any case subject to the requirements of sections 1006 and 1007 States; (2) persons whose compensation is paid from the appropriation for the office of the Pr (6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing... | |
 | United States, Commerce Clearing House - Administrative law - 1946 - 56 pages
...Affirmance of agency action that is supported only tenuously by the record is foreclosed. [11148] (6) Unwarranted by the facts to the extent that the facts...are subject to trial de novo by the reviewing court. This sixth category extends section 10 (e) (5)'s evidentiary safeguards to cases that are not subject... | |
 | United States. Congress. House. Committee on the Judiciary - Administrative agencies - 1946 - 328 pages
...rule, or order is required by statute to be taken, made, or issued after administrative hearing; (6) unwarranted by the facts to the extent that the facts...are subject to trial de novo by the reviewing court ; or (7) arbitrary or capricious. APPEALS (e) The judgments of original courts of review shall be appealable... | |
 | United States. Congress. Joint Committee on Atomic Energy - Nuclear energy - 1952 - 87 pages
...unsupported by substantial evidence in any case subject to the requirements of sections 1006 and 1007 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing... | |
 | United States. Congress. Senate. Committee on Interstate and Foreign Commerce - 1955 - 672 pages
...Unsupported by substantial evidence in any case subject to the requirements of sections 1006 and 1007 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... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1956 - 264 pages
...provides that on review, the scope of review, the agency action may be overturned, in section 6, if it is unwarranted — by the facts to the extent that the...are subject to trial de novo by the reviewing court Mr. SPRINGER. Would you read that over again? Mr. AUSTERN. I had better get it in full context. This... | |
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... (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... 
