Page:United States Statutes at Large Volume 80 Part 1.djvu/429

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

the final agency action. Except as otherwise expressly required b j statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action 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 appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. § 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 withheld 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 jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (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 to trial de novo by the reviewing court. I n making the foregoing 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.

CHAPTER 9—EXECUTIVE REORGANIZATION Sec. 901. 902. 903. 904. 905. 906. 907. 908. 909. 910. 911. 912. 9X3.

Purpose. Definitions. Reorganization plans. Additional contents of reorganization plans. Limitations on powers. Effective date and publication of reorganization plans. Effect on other laws, pending legal proceedings, and unexpended appropriations. Rules of Senate and House of Representatives on reorganization plans. Terms of resolution. Reference of resolution to committee. Discharge of committee considering resolution. Procedure after report or discharge of committee; debate. Decisions without debate on motion to postpone or proceed.

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