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49 U.S.C. § 32503Judicial review of bumper standards

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone harmed by a bumper standard can ask a federal appeals court to review it. The petition must be filed within 59 days of the standard being issued. Only the Supreme Court can review the appeals court's decision.

(a) Filing and venue. Anyone who might be hurt by a standard set under section 32502 can ask for review. That person files a petition for review in the U.S. Court of Appeals for the D.C. Circuit, or in the appeals court for the circuit where they live or have their main place of business. The petition must be filed within 59 days after the standard is prescribed. (b) Notifying Secretary. The court clerk immediately sends a copy of the petition to the Secretary of Transportation. The Secretary must then file with the court the full record of the proceeding that led to the standard. (c) Additional proceedings. (1) If the person who filed the petition asks, the court can order the Secretary to take in more evidence — plus evidence rebutting it — but only if the court is convinced the new evidence matters and there was a good reason it wasn't presented earlier. (2) Based on that new evidence, the Secretary may change earlier factual findings or make new ones, and must file with the court any changed or new finding, any recommendation to change or cancel the standard, and the additional evidence itself. (d) Supreme Court review and additional remedies. Only the Supreme Court can review a court's judgment under this section, under section 1254 of title 28. Any remedy available under this section comes on top of — not instead of — other remedies the law already provides.
the actual law source: uscode.house.gov ↗public domain
(a)Filing and Venue.—

A person that may be adversely affected by a standard prescribed under section 32502 of this title may apply for review of the standard by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the standard is prescribed.

(b)Notifying Secretary.—

The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the standard was prescribed.

(c)Additional Proceedings.—
(1)

On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary.

(2)

The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside a standard, and the additional evidence with the court.

(d)Supreme Court Review and Additional Remedies.—

A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under this section is in addition to any other remedies provided by law.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1043.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1043

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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