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Code · STATUTE-COMPILATIONS · Developmental Disabilities Assistance and Bill of Rights Act · Sec. 129.1

Sec. 129.1. APPEALS BY STATES

335 words·~2 min read·/statute-compilations/comps-1767/sec-129-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 129.1 APPEALS BY STATES **[**6029**]** If any State is dissatisfied with the Secretary's action under section 122(c) or section 127, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by the Secretary for that purpose.
The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside the order of the Secretary. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of the fact and may modify the previous action of the Secretary, and shall file in the court the record of the further proceedings.
Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. 1Section 128 was repealed by section 210 of Public Law 103–230 (108 Stat. 313).
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  • Pub. L. 103-230
  • 108 Stat. 313
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Sec. 129.1
APPEALS BY STATES
Pub. L.Pub. L. 103-230
Stat.108 Stat. 313
Cites 2Cited by 0 across 0 sources
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