Sec. 505. Administrative and judicial review
906 words·~4 min read·
/bill/118/hr/3495/ih/section-505A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person issued a notice of violation or cessation order under section 507, or any person having an interest which is or may be adversely affected by such notice or order, may apply to the Secretary concerned for review of such notice or order not later than 30 days after receipt thereof, or as the case may be, not later than 30 days after such notice or order is modified, vacated, or terminated. Any person that is subject to a penalty assessed under section 507 may apply to the Secretary concerned for review of the assessment not later than 45 days of notification of such penalty.
Any person may apply to the Secretary concerned for review of a decision under this subsection not later than 30 days after such decision is issued. Pending a review by the Secretary concerned or resolution of an administrative appeal, final decisions (except enforcement actions under section 507) shall be stayed. The Secretary concerned shall provide an opportunity for public hearing at the request of any party to a review under paragraph (1). The filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section 507.
For any review under this subsection, the Secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating, affirming, modifying, or terminating the notice, order, or decision, or with respect to an assessment, the amount of penalty that is warranted. Where an application for review under this subsection concerns a cessation order issued under section 506, the Secretary concerned shall, unless temporary relief has been granted by the Secretary concerned under paragraph (7), issue the written decision not later than the later of— 30 days after the date of the receipt of the application for review; and 30 days after the conclusion of any hearing referred to in paragraph (5).
Pending completion of any review under this subsection, the person that submitted an application for review under paragraph
(1)may file with the Secretary concerned a written request that the Secretary concerned grant temporary relief from any order issued under section 507 including a detailed statement of the basis for such relief. The Secretary concerned shall expeditiously issue an order or decision granting or denying an application for temporary relief submitted under subparagraph (A). The Secretary concerned may grant temporary relief under subparagraph
(B)under such conditions as they may prescribe only if the Secretary concerned determines that such relief will not adversely affect the health or safety of the public or cause imminent environmental harm to land, air, or water resources. The availability of review under this subsection shall not be construed to limit the operation of rights under section 504. Any final action by the Secretary or the Secretary of Agriculture in issuing regulations to implement this Act, or any other final actions constituting rulemaking to implement this Act, shall be subject to judicial review only in a United States Court of Appeals for a circuit in which an affected State is located or within the District of Columbia. A petition for review of any action subject to judicial review under this subsection shall be filed not later than 60 days after the date of such action, or after such date if the petition is based solely on grounds arising after the 60th day. Any such petition may be made by any person that commented or otherwise participated in the rulemaking or any person that may be adversely affected by the action of the Secretary or the Secretary of Agriculture. Final agency action under this subsection, including such final action on those matters described under subsection (a), shall be subject to judicial review in accordance with paragraph
(4)and pursuant to section 1391 of title 28, United States Code, not later than 60 days after the date of such final action. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. The availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section 504. The court shall hear any petition or complaint filed under this subsection solely on the record made before the Secretary concerned. The court may affirm or vacate any order or decision or may remand the proceedings to the Secretary concerned for such further action as it may direct. The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary concerned. Whenever a proceeding occurs under subsection
(a)or (b), at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings, including any judicial review of the proceeding, may be assessed against either party as the court, in the case of judicial review, or the Secretary concerned in the case of administrative proceedings, deems appropriate if it is determined that such party prevailed in whole or in part, achieving some success on the merits, and that such party made a substantial contribution to a full and fair determination of the issues.