Camp v. Pitts, 411 U.S. 138 (1973)

Camp v. Pitts

No. 72-864

Decided March 26, 1973
411 U.S. 138

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Syllabus

The appropriate standard for judicial review of a decision by the Comptroller of the Currency denying a national bank charter is whether his adjudication was "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law." The District Court is to review the administrative record already in existence, supplemented if necessary by affidavits or testimony amplifying the reason for the Comptroller’s decision, and is not authorized by the National Bank Act or the Administrative Procedure Act to conduct a de novo hearing in which the "substantial evidence" test is to be applied. Cf. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402.

Certiorari granted; 463 F.2d 632, vacated and remanded.