Sec. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW

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## SEC. 3677 ADMINISTRATIVE AND JUDICIAL REVIEW **[**[42 U.S.C. 7385s–6](/us/usc/t42/s7385s–6)**]** ###

(a)Judicial Review A person adversely affected or aggrieved by a final decision of the Secretary under this subtitle may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious. ###

(b)Administrative Review The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this subtitle are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this subtitle the regulations applicable to recommended decisions under subtitle B.

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42 USC 7385s–6

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Sec. 3677

ADMINISTRATIVE AND JUDICIAL REVIEW

Cite42 USC 7385s–6

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