Unit 3 Judicial Review

Question 1

Are agency actions subject to judicial review?

Answer 1

Yes, unless review is prohibited by statute or the action is one committed to agency discretion by law

Question 2

When must an agency decision be set aside?

Answer 2

If, based on the whole record compiled by the agency, a court determines that the action was arbitrary, capricious, an abuse of discretion, or unlawful