Judicial Review - General

Question 1

APA 701 - When does judicial review apply?

Answer 1

Judicial Review applies, except:

1) Statutes precluding judicial review; or
2) Agency action is committed to agency discretion by law.

Question 2

APA 702 - When does a person have a right to judicial review?

Answer 2

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of the relevant statute.

Question 3

APA 704 - What Actions are reviewable?

Answer 3

Agency action (1) made reviewable by statute and (2) is a final agency action for which there is (3) no other adequate remedy are subject to judicial review.

Question 4

APA 706 - What is the Judicial Review’s scope?

Answer 4

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, and abuse of discretion;
b) Unconstitutional;
c) Violation of a statute;
d) Didn’t follow procedures;
e) Unsupported by substantial evidence;
f) De Novo Review