Pub. L. 89-329, tit. I, sec. 108

judicial review

EnactedYear: 1965Length: 257 wordsOfficial source
judicial review Sec. 108. (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 107(b), such State may, within sixty days after notice of such action, file with (he United States court, of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner 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, United States Code. (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 record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported 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 79 Stat. 1223of 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, United States Code.
Pub. L. 89-329, tit. I, sec. 108: judicial review | Justis AI