Pub. L. 102-550, tit. XIII, subtit. A, pt. 2, subpt. C, sec. 1343

JUDICIAL REVIEW.

EnactedYear: 1992Length: 248 wordsOfficial source
SEC. 1343. JUDICIAL REVIEW. (a) Commencement.—An enterprise that is a party to a proceeding under section 1341 or 1345 may obtain review of any final order issued under such section by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Secretary be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Secretary. (b) Filing of Record.—Upon receiving a copy of a petition, the Secretary shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. (c) Jurisdiction.—Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Secretary shall (except as provided in the last sentence of section 1342(b)(2)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Secretary. (d) Review.—Review of such proceedings shall be governed by chapter 7 of title 5, United States Code. (e) Order To Pay Penalty.—Such court shall have the authority in any such review to order payment of any penalty imposed by the Secretary under this subpart. (f) No Automatic Stay.—The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Secretary.