Sec. 407. Administrative Procedure Act and mandamus remedies
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/bill/118/hr/6028/ih/section-407A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Should the Administrator fail to issue or amend any rules or interim final rules, standard operating procedures, other legal or policy guidance necessary to carry out the requirements of this Act and the amendments made by this Act within the 30 days described above, or fail to make an application decision within 30 days of submission of a completed application, an applicant shall have the right to compel action under the Administrative Procedure Act ( 5 U.S.C. 500 et seq. ) and the Mandamus Act ( 28 U.S.C. 1361 ), in any United States district court where the applicant resides or does business or in the United States District Court for the District of Columbia.
Should the applicant substantially prevail, such applicant shall be entitled to attorneys’ fees and costs associated with compelling a decision under this section. Such mandamus remedy shall issue upon demonstration of failure to meet deadlines described herein.
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