§ 7385s–6. Administrative and judicial review

220 words·~1 min read·/usc/title-42/section-7385s-6

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

A person adversely affected or aggrieved by a final decision of the Secretary under this part may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary.

Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious. The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this part the regulations applicable to recommended decisions under part B.

( Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3677] , as added Pub. L. 108–375, div. C, title XXXI, § 3161 , Oct. 28, 2004 , 118 Stat. 2182 .)

Connections3 off-index

3 references not yet in our index

Pub. L. 106-398
Pub. L. 108-375
118 Stat. 2182

Citation graph

cites case law

§ 7385s–6

Administrative and judicial review

Pub. L.Pub. L. 106-398

Pub. L.Pub. L. 108-375

Stat.118 Stat. 2182

Cites 3Cited by 0 across 0 sources