 | United States. Supreme Court - 1953 - 874 pages
...material in the debates which indicates inconsistent legislative understandings as to how extenfacts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
 | United States. Customs Court - 1970 - 1246 pages
...1007 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
 | United States. Department of Agriculture - 2003 - 544 pages
...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. 5 USC § 706. This is a dispute over the propriety of the rules promulgated by the Secretary. The First... | |
 | United States. Department of Agriculture - 1997 - 714 pages
...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. 5 USC § 706(2). Petitioner has the burden of proving that the rule making record does not provide... | |
 | United States - 1945 - 1138 pages
...1007 of this title or otherwise reviewed on the record of an agency hearing provided by statute ; or sident ; (3) heads In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 606 pages
...sections 7 and 8 or otherwise reviewed on the record of any agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
 | United States, Commerce Clearing House - 1946 - 56 pages
...party. Affirmance of agency action that is supported only tenuously by the record is foreclosed. [11148] (6) Unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court. This sixth category extends section 10 (e) (5)'s evidentiary safeguards to cases that are not subject... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...sections 7 and 8 or otherwise reviewed on the record of any agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
 | United States. Congress. House. Committee on the Judiciary - 1946 - 328 pages
...action, rule, or order is required by statute to be taken, made, or issued after administrative hearing; (6) unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court ; or (7) arbitrary or capricious. APPEALS (e) The judgments of original courts of review shall be appealable... | |
 | United States. Interstate Commerce Commission - 1946 - 630 pages
...of sections 7 and 8 or otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the...are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof... | |
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... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. 
