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15 U.S.C. § 1710Court review of orders

submitted 58 years ago by Pub. L. 90-448 to r/title-15-COMMERCE-AND-TRADE · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person harmed by a Director’s post-hearing order may seek review in a specified federal appeals court within 60 days. The court generally treats supported factual findings as conclusive, and filing does not automatically stay the order.

(a) A person harmed by a Director’s order or determination after a hearing may ask for review in the court of appeals for the circuit where the person lives or has the principal place of business, or in the D.C. Circuit. The person must file a written petition within 60 days after entry of the order or determination, asking that it be partly or wholly changed or set aside. The clerk must promptly send a copy to the Director, who must file the record under section 2112 of title 28. The court will not consider an objection that was not raised before the Director. A Director factual finding supported by substantial evidence is conclusive. If a party asks to present additional evidence and shows that it is material and that reasonable grounds prevented presenting it at the hearing, the court may order the evidence taken before the Director and presented under terms the court sets. The Director may change or make new factual findings based on that evidence and must file them, along with any recommendation about changing or setting aside the original order. Supported changed or new findings are conclusive. Once the petition is filed, the court has exclusive jurisdiction. Its judgment affirming, changing, or setting aside the order, in whole or part, is final, subject to Supreme Court review by certiorari or certification under section 1254 of title 28. (b) Starting a proceeding under subsection (a) does not stay the Secretary’s order unless the court specifically orders a stay.
the actual law source: uscode.house.gov ↗public domain
(a) Petition; jurisdiction; findings of Director; additional evidence; finality

Any person, aggrieved by an order or determination of the Director issued after a hearing, may obtain a review of such order or determination in the court of appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order or determination, a written petition praying that the order or determination of the Director be modified or be set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Director, and thereupon the Director shall file in the court the record upon which the order or determination complained of was entered, as provided in section 2112 of title 28. No objection to an order or determination of the Director shall be considered by the court unless such objection shall have been urged before the Director. The finding of the Director as to the facts, if supported by substantial evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Director, the court may order such additional evidence to be taken before the Director and to be adduced upon a hearing in such manner and upon such terms and conditions as to the court may seem proper. The Director may modify his findings as to the facts by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. Upon the filing of such petition, the jurisdiction of the court shall be exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Director, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(b) Stay of order

The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Secretary’s 1 order.

Source credit: (Pub. L. 90–448, title XIV, § 1411, Aug. 1, 1968, 82 Stat. 595; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-448 · 82 Stat. 595
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 2105

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1968-08-01.

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