31 U.S.C. § 6717 — Judicial review
submitted 32 years ago by Pub. L. 103-322 to r/title-31-MONEY-AND-FINANCE · 263 words · no verdicts yet
A local government receiving certain payment-related notices may seek review in the appropriate Federal court of appeals within 60 days. The court reviews the administrative record and may affirm, change, set aside, or remand the action.
(a) Appeals in Federal Court of Appeals. A unit of general local government notified by the Secretary that payments will be withheld under section 6703(f), suspended under section 6713(a)(1)(B), or terminated under section 6712(d)(2)(A) may seek review by filing a petition with the United States court of appeals for the circuit where the government is located. It must file by the 60th day after receiving the notice. The clerk must immediately send the petition to the Secretary.
(b) Filing of Record of Administrative Proceeding. The Secretary must file the proceeding’s record on which the action was based. The court may consider only objections presented to the Secretary.
(c) Court Action. The court may affirm, change, or set aside any part of the Secretary’s action. The Secretary’s factual findings are conclusive when supported by substantial evidence in the record. If not supported, the court may remand for more evidence. After remand, the Secretary may make new or changed findings and must certify additional proceedings to the court.
(d) Review Only by Supreme Court. A judgment under this section may be reviewed only by the Supreme Court under section 1254 of title 28.
A unit of general local government which receives notice from the Secretary about withholding payments under section 6703(f), suspending payments under section 6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition shall be filed by the 60th day after the date the notice is received. The clerk of the court shall immediately send a copy of the petition to the Secretary.
The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary.
The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. If a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. Upon such a remand, the Secretary may make new or modified findings and shall certify additional proceedings to the court.
A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code.
Source credit: (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1878
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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