38 U.S.C. § 502 — Judicial review of rules and regulations

submitted 35 years ago by Pub. L. 102-83 to r/title-38-VETERANS-BENEFITS · 88 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain rules the Secretary of Veterans Affairs makes — the kind covered by two specific sections of title 5 — can be challenged in court. That review normally happens only in the U.S. Court of Appeals for the Federal Circuit, unless it comes up as part of a chapter 72 appeal, which follows its own rules instead.

When the Secretary takes an action covered by section 552(a)(1) or 553 of title 5 (or both), that action is subject to judicial review. The review follows the general rules in chapter 7 of title 5, and it can only be brought in the United States Court of Appeals for the Federal Circuit. However, if the review is sought as part of an appeal brought under chapter 72 of this title, the rules of chapter 72 apply instead of the rules in chapter 7 of title 5.

the actual law source: uscode.house.gov ↗public domain

An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

Source credit: (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, § 102, Oct. 10, 2008, 122 Stat. 4148.)

history & why it existsrecord from the source credit

1991Enacted · Pub. L. 102-83 · 105 Stat. 386
2008Amended · Pub. L. 110-389 · 122 Stat. 4148

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-83 on 1991-08-06.

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