Pub. L. 88-204, tit. I, sec. 111

judicial review

EnactedYear: 1963Length: 233 wordsOfficial source
judicial review Sec. 111. (a) If any State is dissatisfied with the Commissioner’s final action with respect to the approval of its State plan submitted under section 105(a) or with his final action under section 110(b), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if sup-ported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Commissioner 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 title 28, United States Code, section 1254.
Pub. L. 88-204, tit. I, sec. 111: judicial review | Justis AI