§ 504. Judicial review
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/usc/title-42/section-504A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Finding by Secretary of Labor; petition for review; filing of record Whenever the Secretary of Labor—
(1)finds that a State law does not include any provision specified in section 503(a) of this title, or
(2)makes a finding with respect to a State under subsection (b), (c), (d), (e), (h), (i), or
(j)of section 503 of this title,
such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28.
(b)Findings of fact by Secretary of Labor; new or modified findings The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c)Affirmance or setting aside of Secretary’s action; review by Supreme Court The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(d)Stay of Secretary’s action
(1)The Secretary of Labor shall not withhold any certification for payment to any State under section 502 of this title until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph
(1)or
(2)of subsection
(a)or until the State has filed a petition for review of such action, whichever is earlier.
(2)The commencement of judicial proceedings under this section shall stay the Secretary’s action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary’s action and including such other relief as may be necessary to preserve status or rights.
(Aug. 14, 1935, ch. 531, title III, § 304, as added Pub. L. 91–373, title I, § 131(a), Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 96–249, title I, § 127(b)(2), May 26, 1980, 94 Stat. 367; Pub. L. 96–265, title IV, § 408(b)(2), June 9, 1980, 94 Stat. 469; Pub. L. 96–473, § 6(e)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98–620, title IV, § 402(39), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–485, title I, § 124(b)(2), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–628, title IX, § 904(c)(1)(B), Nov. 7, 1988, 102 Stat. 3261; Pub. L. 103–152, § 4(a)(2), Nov. 24, 1993, 107 Stat. 1517.)
Connections14 cite this · traces to 7
Cited by 14 sections · top 10
statutes-at-large
- Public Law 96–249To amend the Food Stamp Act of 1977 to improve food stamp program fiscal accountability through reductions in inaccurate eligibility and benefit determinations; to improve the system of deductions; to increase the specific dollar limitations on appropriations for the fiscal years 1980 and 1981 food
- Public Law 96–265To amend the Social Security Act to provide better work incentives and improved accountability in the disability programs, and for other purposes
- Public Law 100–628To amend the Stewart B
- Public Law 98–620To amend title 28
- Public Law 100–485To revise the AFDC program to emphasize work, child support, and family benefits, to amend title IV of the Social Security Act to encourage and assist needy children and parents under the new program to obtain the education, training, and employment needed to avoid long-term welfare dependence, and
- Public Law 96–473To amend the Social Security Act with respect to the retirement test, to reduce spending under title II of the Social Security Act, and for other purposes
Traces to 7 documents
U.S. Code
- State laws§ 503
- Record on review and enforcement of agency orders§ 2112
- Courts of appeals; certiorari; certified questions§ 1254
- Payments to States; computation of amounts§ 502
- Preventing fraud and abuse in housing and urban development programs§ 3544
- Federal Parent Locator Service§ 653
- Priority of civil actions§ 1657
29 references not yet in our index
- Aug. 14, 1935, ch. 531
- Pub. L. 91–373, title I, § 131(a)
- 84 Stat. 703
- Pub. L. 96–249, title I, § 127(b)(2)
- 94 Stat. 367
- Pub. L. 96–265, title IV, § 408(b)(2)
- 94 Stat. 469
- Pub. L. 96–473, § 6(e)(2)
- 94 Stat. 2265
- Pub. L. 98–620, title IV, § 402(39)
- 98 Stat. 3360
- Pub. L. 100–485, title I, § 124(b)(2)
- 102 Stat. 2353
- Pub. L. 100–628, title IX, § 904(c)(1)(B)
- 102 Stat. 3261
- Pub. L. 103–152, § 4(a)(2)
- 107 Stat. 1517
- Pub. L. 103–152
- Pub. L. 100–628
- Pub. L. 100–485
- Pub. L. 98–620
- Pub. L. 96–473
- Pub. L. 96–249
- Pub. L. 96–265
- section 4(f)(1) of Pub. L. 103–152
- section 124(c)(1) of Pub. L. 100–485
- section 403 of Pub. L. 98–620
- section 408(b)(3) of Pub. L. 96–265
- section 127(b)(3) of Pub. L. 96–249
Citation graph
cites case law
§ 504
Judicial review
Stat.×6
U.S.C.×6
Stat. Comp.×2
ActAug. 14, 1935, ch. 531
Pub. L.Pub. L. 91–373, title I, § 131(a)
Stat.84 Stat. 703
Pub. L.Pub. L. 96–249, title I, § 127(b)(2)
Stat.94 Stat. 367
Cites 36 · showing 12Cited by 14 across 3 sources