§ 50912. Administrative hearings and judicial review

513 words·~2 min read·/usc/title-51/section-50912

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(a)Administrative Hearings.— The Secretary of Transportation shall provide an opportunity for a hearing on the record to—

(1)an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;

(2)an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and

(3)a licensee under this chapter, for a decision of the Secretary under—

(A)section 50908(b) or

(c)of this title to modify, suspend, or revoke a license; or

(B)section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.

(b)Judicial Review.— A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70110 of title 49; Pub. L. 105–303, title I, § 102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108–492, § 2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered § 70110 then § 50912 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(L), (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.)

In subsection (a), before clause (1), the words “The Secretary of Transportation shall provide an opportunity for a hearing on the record to” are substituted for “shall be entitled to a determination on the record after an opportunity for a hearing” for consistency in the revised title. The words “in accordance with section 554 of title 5” are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words “and a proposed transferee of a license” are omitted as being included in “applicant”.

In subsection (b), the words “to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload” are omitted as surplus.

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