§ 703. — Form and venue of proceeding.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC703]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 7--JUDICIAL REVIEW
Sec. 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. If no special statutory review proceeding is
applicable, the action for judicial review may be brought against the
United States, the agency by its official title, or the appropriate
officer. 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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94-574, Sec. 1,
Oct. 21, 1976, 90 Stat. 2721.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 1009(b). June 11, 1946, ch.
324, Sec. 10(b), 60
Stat. 243.
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Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Amendments
1976--Pub. L. 94-574 provided that if no special statutory review
proceeding is applicable, the action for judicial review may be brought
against the United States, the agency by its official title, or the
appropriate officer as defendant.
Section Referred to in Other Sections
This section is referred to in title 2 sections 501, 502; title 7
section 2143; title 16 section 839f; title 18 sections 843, 3625; title
25 section 954; title 41 section 422; title 42 section 5405; title 50
App. section 2412.
