Discretion
is one of the hallmarks of agency action or inaction. Courts are inclined to give
agencies discretion in many decisions, which has the effect of either not making the decision
subject to judicial review or making the exercise of discretion subject to limited judicial review.
Statutes may commit action to agency discretion. The decision to act or not act is often
discretionary. The selection between reasonable choices is usually discretionary. The decision
to respond to requests for information is often discretionary. The choice of rulemaking or
adjudication as the vehicle to promulgate policy may be discretionary. Agencies have
enormous "prosecutorial discretion." The interpretation of a statute may be left to
the discretion
of the agency where the statute is not clear on its face. Some exercises of discretion may be
subject to review on the basis of abuse of discretion or reasonableness. Where there is no law
to apply, the exercise of discretion will not be subject to judicial review.
1. Adjudication, Formal
