42 U.S.C. § 6869

Judicial review of final action by Secretary on application

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(a) Time for appeal; jurisdiction; filing of administrative record by Secretary

If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary 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.

(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record

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

(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)Editorial NotesAmendments

1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: City of Chicago, a Mun. Corp., & Police Dep't of the City of Chicago v. United States Dep't of Labor, 737 F.2d 1466 (7th Cir. 1984).

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City of Chicago, a Mun. Corp., & Police Dep't of the City of Chicago v. United States Dep't of Labor, 737 F.2d 1466 (7th Cir. 1984). “§ 2395 (a); 42 U.S.C. § 6869 (a)), no cases have been located explaining the meaning of “notice” in Section 817(a) or these other similar provisions.”

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