§ 4583. Judicial review

290 words·~1 min read·/usc/title-12/section-4583

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

(a)Commencement An enterprise that is a party to a proceeding under section 4581 or 4585 of this title may obtain review of any final order issued under such section by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Director be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Director.

(b)Filing of record Upon receiving a copy of a petition, the Director shall file in the court the record in the proceeding, as provided in section 2112 of title 28.

(c)Jurisdiction Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Director shall (except as provided in the last sentence of section 4582(b)(2) of this title) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director.

(d)Review Review of such proceedings shall be governed by chapter 7 of title 5.

(e)Order to pay penalty Such court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subpart.

(f)No automatic stay The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Director.

(Pub. L. 102–550, title XIII, § 1343, Oct. 28, 1992, 106 Stat. 3966; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(B), July 30, 2008, 122 Stat. 2711.)

Connections6 cite this · traces to 2

Cited by 6 sections · top 5

U.S. Code