Page:United States Statutes at Large Volume 77.djvu/647

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

615

of law or fact that are subject to review on appeal under applicable provisions of existing law. If there is no statutory limitation, the court shall determine the appeal by rules of law which define the scope and limitations of review of administrative proceedings. Under the rules, by way of elaboration and not limitation, the court may: (1) as far as necessary to decision and where presented to decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action; and (2) hold unlawful and set aside agency action findings and coiiclnsions found to be: I (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 jurisdiction, authority, or limitation, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence or facts in the record of the proceedings before the court; or (F) unwarranted by the facts. In making the determinations as provided by this subsection, the court shall take account of prejudicial error. § 17-306. Determination of appeals The District of Columbia Court of Appeals may affirm, modify, vacate, set aside or reverse any order or judgment of a court or any branch thereof, or any order or decision of an administration agency, lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate order, judgment, or decision, or require such further proceedings to be had, as is ]ust in the circumstances. § 17-307. Time for taking or applying for allowance of appeals (a) Except as provided by subsection (b) of this section, the time during which an appeal may be taken pursuant to section 11-741 or 11-742 may be fixed by rules of the District of Columbia Court of Appeals. (b) Applications for the allowance of appeals from judgments of the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions, and from judgments in the criminal division of that court where the penalty imposed is less than $50, specified by section 11-741 (c), shall, in each case, be filed in the District of Columbia Court of Appeals within three days from the date of judgment. i

SEC. 2. The seventh sentence of section 38 of the Act of February 27, 1929 (ch. 352, 45 Stat. 1338; D.C. Code, 1961 ed., sec. ^129), as amended by section 32(b) of the Act of June 25, 1948, and by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107), is amended to read as follows: "On the petition of an applicant to whom a license or registration has been denied by the commission by virtue of this section, the action of the commission may be reviewed by the District of Columbia Court of Appeals in the manner provided by sections 11-742,17-303,17-304, 17-305 (b), 17-306 and 17-307 of the District of Columbia Code." SEC. 3. Section 7 of the Act of March 2, 1929 (ch. 640, 45 Stat. 1520; D.C. Code, 1961 ed., sec. 2-406). as amended by section 32(b) of the Act of June 25, 1948, and by section 127 of the Act of May 24, 1949, is amended (1) by striking out the colon preceding the second

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