42 U.S.C. § 8412 — Judicial review
submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 404 words · no verdicts yet
Final prohibitions and exemptions must be published and generally delayed for review. This section provides judicial review in the appropriate Federal appeals court and sets the review standard and representation rules.
(a) A final rule or order imposing a prohibition or granting an exemption or permit must be published in the Federal Register and cannot take effect before the 60th calendar day after publication. (b) A final order denying an exemption or permit petition must be published with the reasons. (c)(1) A person* harmed by a covered final rule, order, or denial may, before the 60th day after publication, petition the court of appeals for the circuit where the person lives or has its principal business. The clerk must promptly send the petition to the Secretary*, who must file the written submissions and transcript as section 2112 of title 28 provides. (2) Filing gives the court jurisdiction under chapter 7 of title 5 and authority to grant its relief. The court may affirm only if substantial evidence supports the rule, order, or denial. (3) The court’s judgment affirming or setting aside the action is final, subject to Supreme Court review by certiorari or certification under section 1254 of title 28. (4) Subject to the Attorney General’s direction under section 519 of title 28, Secretary-appointed attorneys may represent the Secretary in these proceedings under section 7192(c) of title 42.
Any final rule or order prescribed by the Secretary* imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published.
Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action.
Any person* aggrieved by any final rule or order referred to in subsection (a) or in section 8374 of this title, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. 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 written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in section 2112 of title 28.
Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence.
The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial 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.
Subject to the direction and control of the Attorney General, as provided in section 519 of title 28, attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with section 7192(c) of this title.
Source credit: (Pub. L. 95–620, title VII, § 702, Nov. 9, 1978, 92 Stat. 3331.)
- 1978Enacted · Pub. L. 95-620 · 92 Stat. 3331
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.
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