§ 6717. Judicial review

329 words·~1 min read·/usc/title-31/section-6717

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(a)Appeals in Federal Court of Appeals.— A unit of general local government which receives notice from the Secretary about withholding payments under section 6703(f), suspending payments under section 6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition shall be filed by the 60th day after the date the notice is received. The clerk of the court shall immediately send a copy of the petition to the Secretary.

(b)Filing of Record of Administrative Proceeding.— The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary.

(c)Court Action.— The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. If a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. Upon such a remand, the Secretary may make new or modified findings and shall certify additional proceedings to the court.

(d)Review Only by Supreme Court.— A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code.

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)

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Cited by 1 section

statutes-at-large

Public Law 98–185
To extend and amend the provisions of title 31, United States Code, relating to the general revenue sharing program

Traces to 1 document

U.S. Code

Courts of appeals; certiorari; certified questions
§ 1254

8 references not yet in our index

Pub. L. 103–322, title III, § 31001(a)
108 Stat. 1878
Pub. L. 97–258
96 Stat. 1025
Pub. L. 98–185
97 Stat. 1310
Pub. L. 99–272, title XIV, § 14001(a)(1)
100 Stat. 327

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cites case law

§ 6717

Judicial review

Stat.×1

U.S.C.§ 1254

Pub. L.Pub. L. 103–322, title III, § 31001(a)

Stat.108 Stat. 1878

Pub. L.Pub. L. 97–258

Stat.96 Stat. 1025

Pub. L.Pub. L. 98–185

Cites 9 · showing 6Cited by 1 across 1 source