If the administrative record is found insufficient to support the agency's conclusion, what remedy is commonly employed by the court?

If the administrative record is found insufficient to support the agency's conclusion, what remedy is commonly employed by the court?

• A. Dismiss the case.
• B. Remand to the agency to develop or reconsider the record.
• C. Invalidate the statute.
• D. Rewrite the decision itself.

Answer: (B)

When a court finds the administrative record inadequate to support the agency’s conclusion, it typically remands the case back to the agency to develop or reconsider the record. This preserves the agency’s role, allows additional evidence or analysis to be gathered, and ensures the decision is supported by a complete, rational record. Dismissing the case, invalidating the statute, or rewriting the decision would bypass the proper administrative process or substitute the court’s judgment for the agency’s, which is not the standard remedy in this situation.

When a court finds the administrative record inadequate to support the agency’s conclusion, it typically remands the case back to the agency to develop or reconsider the record. This preserves the agency’s role, allows additional evidence or analysis to be gathered, and ensures the decision is supported by a complete, rational record. Dismissing the case, invalidating the statute, or rewriting the decision would bypass the proper administrative process or substitute the court’s judgment for the agency’s, which is not the standard remedy in this situation.