Pub. L. 93-203, tit. I, sec. 109

judicial review

EnactedYear: 1973Length: 263 wordsOfficial source
judicial review Sec. 109. (a) If any prime sponsor is dissatisfied with the Secretary’s final action with respect to the approval of its comprehensive manpower plan submitted under section 105 or section 106 or with his final action under section 108, such prime sponsor may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which the prime sponsor 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 Secretary, Thereupon the Secretary shall file in t he 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 Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the ease to the Secretary to take further evidence, and the Secretary 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 farther 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 Secretary 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, United States Code.
Pub. L. 93-203, tit. I, sec. 109: judicial review | Justis AI