Sec. 388. Judicial review
480 words·~2 min read·
/bill/115/hr/10/ih/section-388A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Compliance or noncompliance by any agency with the provisions of section 382, paragraphs
(1)and
(2)of section 383(a), and subsections
(a)and
(b)of section 385 shall be subject to judicial review in accordance with this section. Agency compliance or noncompliance with the provisions of section 382, paragraphs
(1)and
(2)of section 383(a), and subsections
(a)and
(b)of section 385 shall be subject to judicial review under section 706(1) of title 5, United States Code, and as provided under subparagraph (B). If an agency fails to prepare the written statement (including the preparation of the estimates, analyses, statements, or descriptions) under section 382, prepare the written plan under paragraphs
(1)and
(2)of section 383(a), or comply with subsections
(a)and
(b)of section 385, a court may compel the agency to prepare such written statement, prepare such written plan, or comply with such section; In any judicial review under any other Federal law of an agency rule for which a written statement under section 382, a written plan under paragraphs
(1)and
(2)of section 383(a), or compliance with subsections
(a)and
(b)of section 385 is required, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement, or description), to prepare such written plan, or to comply with such section may be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule. Any information generated under section 382, paragraphs
(1)and
(2)of section 383(a), and subsections
(a)and
(b)of section 385 that is part of the rulemaking record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law. For any petition under paragraph
(2)the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days after a final rule is promulgated by the appropriate agency. This subsection shall apply to any agency rule for which a general notice of proposed rulemaking is promulgated on or after the date of the enactment of this Act. Except as provided in subsection (a)— any estimate, analysis, statement, description or report prepared under this title, and any compliance or noncompliance with the provisions of this title, and any determination concerning the applicability of the provisions of this title shall not be subject to judicial review; and no provision of this title shall be construed to create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action.