45 C.F.R. § 201.7

Judicial review

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Any State dissatisfied with a final determination of the Secretary pursuant to § 201.4 or § 201.6(a) may, within 60 days after it has been notified of such determination, file with the U.S. Court of Appeals for the circuit in which such State is located a petition for review of such determination. After a copy of the petition is transmitted by the clerk of the court to the Secretary, the Secretary thereupon shall file in the court the record of proceedings upon which such determination was based as provided in section 2112 of title 28, United States Code. The court is bound by the Secretary's findings of fact, if supported by substantial evidence. The court has jurisdiction to affirm the Secretary's decision, or set it aside in whole or in part, or, for good cause, to remand the case for additional evidence. If the case is remanded, the Secretary may thereupon make new or modified findings of fact, and may modify his previous determination. The Secretary shall certify to the court the transcript and record of the further proceedings. The judgment of the court is subject to review by the Supreme Court of the United States upon certiorari or certification as provided in 28 U.S.C. 1254.

Notes of Decisions

Cited in 3 cases, 1981–1989 · leading case: State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981).

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State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981). “§ 1316 (a)(3); see 45 C.F.R. § 201.7 . Upon review, a court of appeals must accept as conclusive all findings of fact by the Secretary, “if supported by substantial evidence,” 42 U.”

B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989). “45 C.F.R. § 201.7 . Federal regulations provide that an interested person may request to participate in administrative hearings to deter *1403 mine whether a state has substantially-complied with federal requirements.”

Kozera v. Spirito, 723 F.2d 1003 (1st Cir. 1983). · cites it 2× “§ 1316 (a)(3); 45 C.F.R. § 201.7 (1982). (2) Following thé change in the Massachusetts plan, the Secretary could find, following reasonable notice and a hearing, that “there is a failure to comply substantially” with the stepparent deeming provision; 42 U.”

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