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" 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... "
Manual for Administrative Law Judges: Prepared for the Administrative ... - Page 122
by Merritt Ruhlen - 1974 - 125 pages
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Panama Canal. (changes in Administration).S. 2167

United States. Congress. Senate. Committee on Interstate & Foreign Commerce - 1956 - 182 pages
...any agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed, (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, * * *" 3. Lack of adequate record. — The letter states that the court...
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Cases Decided in the United States Court of Claims ... with ..., Volume 115

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1950 - 940 pages
...corpus) in any court of competent jurisdiction. * * * (e) * * * It [the reviewing court] shall (B) hold unlawful and set aside agency action, findings and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * * (5)...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volume 350

United States. Interstate Commerce Commission - Interstate commerce - 1977 - 960 pages
...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,...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 82

United States. Customs Court - Customs administration - 1979 - 488 pages
...the meaning or applicability of the terms of an agency action. The reviewing court shall — ******* (2) hold unlawful and set aside agency action, findings,...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * *. [Italic in original.] Against this background, the court...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 70

United States. Customs Court - Customs administration - 1973 - 642 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * * *."...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 56, Part 1

United States. Department of Agriculture - Agricultural laws and legislation - 1997 - 714 pages
...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...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 48

United States. Department of Agriculture - Agricultural laws and legislation - 1989 - 826 pages
...determine the 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 he(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, (B) contrary...
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Court Decisions Relating to the National Labor Relations Act, Volume 5

United States. National Labor Relations Board - Labor laws and legislation - 1946 - 732 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed: and (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or other, 72 F. Sunn. 225 wise not in accordance...
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Revised Edition of Laws Applicable to the United States Department ..., Volume 2

United States - Agricultural laws and legislation - 1945 - 1138 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) e, and to accept from persons for whom such work is performed reimbursement for (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary...
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Amend Federal Trade Commission Act. Hearings Before a Subcommittee ... on H ...

United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 606 pages
...agency action. It shall (A) compel agency action unlawfully withheld or unreasonably delayed; and (B) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, or otherwise not in accordance with law; (2) contrary to constitutional...
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