§ 9040. Participation by Commission in judicial proceedings
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/usc/title-26/section-9040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Appearance by counsel The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title.
(b)Recovery of certain payments The Commission is authorized, through attorneys and counsel described in subsection (a), to institute actions in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary as a result of an examination and audit made pursuant to section 9038.
(c)Injunctive relief The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter.
(d)Appeal The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.
(Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1302; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
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U.S. Code
6 references not yet in our index
- Pub. L. 93–443, title IV, § 408(c)
- 88 Stat. 1302
- Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
- 90 Stat. 1834
- Pub. L. 94–455
- section 410(c)(1) of Pub. L. 93–443
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cites case law
§ 9040
Participation by Commission in judicial proceedings
C.F.R.×1
Stat.×1
Pub. L.Pub. L. 93–443, title IV, § 408(c)
Stat.88 Stat. 1302
Pub. L.Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
Stat.90 Stat. 1834
Pub. L.Pub. L. 94–455
Cites 7 · showing 6Cited by 2 across 2 sources