United States Codes

UNITED STATES CODES TITLE 5 *(704, 705,706)

* 704 ACTION REVIEWABLE

AGENCY ACTION MADE REVIEWABLE BY STATUTE AND FINAL AGENCY ACTION FOR WHICH THERE IS NO OTHER ADEQUATE REMEDY IN A COURT ARE SUBJECT TO JUDICAIAL REVIEW. A PRELIMINARY, PROCEDURAL, OR INTERMEDIATE AGENCY ACTION OR RULING NOT DIRECTLY REVIEWABLE IS SUBJECT TO REVIEW ON THE REVIEW OF THE FINAL AGENCY ACTION. EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY STATUTE, AGENCY ACTION OTHERWISE FINAL IS FINAL FOR THE PURPOSE OF THIS SECTION WHETHER OR NOT THERE HAS BEEN PRESENTED OR DETERMINED AN APPLICATION FOR DECLARATORY ORDER, FOR ANY FORM OF RECONSIDERATION, OR UNLESS THE AGENCY OTHERWISE BY RULE AND PROVIDES THAT THE AGENCY MEANWHILE IS INOPERATIVE FOR AN APPEAL TO SUPERIOR AGENCY AUTHORITY.

*705 RELIEF PENDING REVIEW



WHEN AN AGENCY FINDS THAT JUSTICE SO REQUIRES IT MAY POSTPONE THE EFFECTIVE DATE OF ACTION TAKEN BY IT, PENDING JUDICIAL REVIEW.

ON SUCH CONDITIONS AS MAY BE REQUIRED AND TO THE EXTENT NECESSARY TO PREVENT IRREPARABLE INJURY, THE REVIEWING COURT, INCLUDING THE COURT TO WHICH A CASE MAY BE TAKEN ON APPEAL FROM OR ON APPLICATION FOR CERTIORARI OR OTHER WRIT TO A REVIEWING COURT, MAY ISSUE ALL NECESSARY AND APPROCIATE PROCESS TO POSTPONE THE EFFECTIVE DATE OF AN AGENCY ACTION OR TO PRESERVE STATUS OR RIGHTS PENDING CONCLUSION OF THE REVIEWING PROCEEDINGS.

42 U.S.C. *2000bb,2000bb-1; 42 U.S.C.*1983,*1985-2,*1985-3, *1986,*1987, *1988

42U.S.C. *1990, *1995

* 706`SCOPE OF REVIEW

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-
(1)compel agency action unlawfully with held 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 to constitutional right, power, privilege, or immunity
(C) in excess of statutory justidiction,authority, or limitation or
short of statutory right
(D) without observance of procedure required by law
(E) unsupported by substanial evidence in case subject to section
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
to trial de novo by the reviewing court

IN MAKING THE FOEGOING 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.