Also known as: whole records · entire record · full record
Written by attorneys · grounded in primary & secondary sources — see below
A complete compilation of all evidence, testimony, documents, and proceedings before an agency that a reviewing court must examine in its entirety when determining whether the agency's findings are supported by substantial evidence.
Wyatt Wilson faced a felon-in-possession charge and offered to stipulate to his prior conviction status. The government instead sought to introduce the full case summary detailing the facts of his earlier arson offense. The court weighed whether the added details created unfair prejudice that substantially outweighed any remaining probative value once the element was conceded.
Winston Ward challenged the Secretary of Transportation's approval of federal funds for a highway through a city park. The district court had relied on litigation affidavits rather than the materials before the agency at the time of decision. The reviewing court required examination of the full administrative record to assess whether the Secretary had considered relevant factors.
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Wallace Webb sought benefits after a workplace injury and the agency denied the claim. The proponent argued that the burden of proof required the claimant to persuade the factfinder on every element. The court examined the whole record to determine whether the denial rested on reliable, probative, and substantial evidence.
Winslow Aviation contested an NLRB order finding unfair labor practices. The hearing examiner had reached different credibility conclusions than the Board. The court reviewed the whole record, including the examiner's findings, to decide whether substantial evidence supported the Board's decision.
Winterhaven Logistics disputed an NLRB ruling that its delivery workers qualified as employees. The agency had weighed multiple factors in the record concerning control and economic dependence. The court assessed the whole record to determine whether the classification finding was supported.
Wanda Weaver challenged an executive order limiting entry from certain countries. The agency had compiled a record of national security assessments and diplomatic considerations. The court examined the whole record to evaluate whether the policy rested on a rational basis.
A reviewing court must examine the whole record, including evidence that detracts from the agency's findings as well as evidence that supports them. The court cannot rely solely on portions of the record that favor the agency's conclusion.
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Yes. When reviewing informal adjudication or rulemaking, a court must base its review on the full administrative record that was before the agency at the time of decision rather than post-hoc rationalizations or litigation affidavits.
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An agency may disagree with an ALJ's credibility determinations, but the reviewing court must still consider the entire record, including the ALJ's findings, when deciding whether substantial evidence supports the agency's decision.
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When a defendant offers to stipulate to felon status, introduction of the full record of the prior conviction may create unfair prejudice that substantially outweighs its probative value under Rule 403.
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…Truck Lines v. United States, supra ; SEC v. Chenery Corp. , 318 U. S. 80, 87 (1943). And they clearly do not constitute the "whole record" compiled by the agency: the basis for review required by § 706 of the Administrative Procedure Act. Thus it is necessary to remand this case to the District Court for plenary review of…