26 U.S.C. § 3310

Judicial review

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 26 CasesGoogle Scholar

(a) In general

Whenever under section 3303(b) or section 3304(c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28 of the United States Code.

(b) Findings of fact

The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence, and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

(d) Stay of Secretary of Labor’s action(1) The Secretary of Labor shall not withhold any certification under section 3303(b) or section 3304(c) until the expiration of 60 days after the Governor of the State has been notified of the action referred to in subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.(2) The commencement of judicial proceedings under this section shall stay the Secretary of Labor’s action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary of Labor’s action and including such other relief as may be necessary to preserve status or rights.(Added Pub. L. 91–373, title I, § 131(b)(1), Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(F), (H), Oct. 4, 1976, 90 Stat. 1835; Pub. L. 98–620, title IV, § 402(28)(A), Nov. 8, 1984, 98 Stat. 3359.)Editorial NotesAmendments

1984—Subsec. (e). Pub. L. 98–620 struck out subsec. (e) which had provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary of Labor or of the State would receive, a preference and would be heard and determined as expeditiously as possible.

1976—Subsec. (d)(2). Pub. L. 94–455, § 1906(b)(13)(F), substituted “the Secretary of Labor’s action” for “the Secretary’s action” in two places.

Subsec. (e). Pub. L. 94–455, § 1906(b)(13)(H), substituted “of the Secretary of Labor” for “of the Secretary”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions

Cited in 5 cases, 1953–1987 · leading case: State of New Hampshire Dep't of Emp. Sec. v. Marshall, 616 F.2d 240 (1st Cir. 1980).

Sort: Relevance Newest Treatment

State of New Hampshire Dep't of Emp. Sec. v. Marshall, 616 F.2d 240 (1st Cir. 1980). · cites it 6× “This is an appeal pursuant to 26 U.S.C. § 3310 1 of the decision of the Secretary of Labor that the New Hampshire Unemployment Compensation law fails to conform in six separate respects with the requirements of the Federal Unemployment Tax Act (FUTA), 26 U.”

Fidel B. Ibarra, Jr. v. Texas Emp. Comm'n v. United States Dep't of Labor & United States Immigr. & Naturalization Serv., 823 F.2d 873 (5th Cir. 1987). “Before refusing to certify a state, DOL must hold a hearing after giving reasonable notice to the state agency.”

United States v. Forys, 113 F. Supp. 580 (D.R.I. 1953). “3310 (f)(1) of the Internal Revenue Code, 26 U.S.C.A. § 3310 (f)(1). This section provides that the Commissioner of Internal Revenue “may by regulations approved by the Secretary prescribe the period for which the return for such tax shall be filed, the time for the filing of…”

Cnty. of Los Angeles v. Marshall, 631 F.2d 767 (D.C. Cir. 1980). “26 U.S.C. § 3310 . In the interest of inter-circuit comity and the concomitant husbanding of scarce judicial resources, this court concluded to await the disposition to be made of the constitutional claim by the First Circuit — a disposition which did not implicate the…”

Patterson v. Bd. of Educ., 269 S.W.2d 739 (Ky. Ct. App. 1954). “Internal Revenue Code, 26 U.S.C.A. § 3310 (c) ; KRS 132.160. See National Distillers Product Corp.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.