Sec. 409. Judicial review of regulations
113 words·~1 min read·
/bill/118/s/5168/is/section-409·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any proceeding brought under section 401(b), 407, or 408 in which the application of a regulation issued under this Act is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs
(A)through
(D)of section 706(2) of title 5, United States Code. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this Act is not subject to judicial review.