Page:United States Statutes at Large Volume 80 Part 1.djvu/428

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PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

CHAPTER 7—JUDICIAL REVIEW Sec. 701. 702. 703. 704. 705. 706.

Application; definitions. Right of review. Form and venue of proceeding. Actions reviewable. Relief pending review. Scope of review.

§701. Application; definitions (a) This chapter applies, according to the provisions thereof, except to the extent that>— (1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law. (b) For the purpose of this chapter— (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; ^G) military authority exercised in the field in time of war or m occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 4 1; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; and (2) "person", "rule", "order", "license", "sanction", "relief", and "agency action" have the meanings given them by section 551 of this title. § 702. Right of review A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. § 703. Form and venue of proceeding The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. Except to the extent that prior, adequate, and exclusive opportunity for;judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. § 704. Actions 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 judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of

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