Pub. L. 109-8, tit. XII, sec. 1231

TRUSTEES.

EnactedYear: 2005Length: 338 wordsOfficial source
SEC. 1231. TRUSTEES.(a) Suspension and Termination of Panel Trustees and Standing Trustees.—Section 586(d) of title 28, United States Code, is amended—(1) by inserting “(1)” after “(d)”; and(2) by adding at the end the following:“(2) A trustee whose appointment under subsection (a)(1) or under subsection (b) is terminated or who ceases to be assigned to cases filed under title 11, United States Code, may obtain judicial review of the final agency decision by commencing an action in the district court of the United States for the district for which the panel to which the trustee is appointed under subsection (a)(1), or in the district court of the United States for the district in which the trustee is appointed under subsection (b) resides, after first exhausting all available administrative remedies, which if the trustee so elects, shall also include an administrative hearing on the record. Unless the trustee elects to have an administrative hearing on the record, the trustee shall be deemed to have exhausted all administrative remedies for purposes of this paragraph if the agency fails to make a final agency decision within 119 STAT. 202 90 days after the trustee requests administrative remedies. The Attorney General shall prescribe procedures to implement this paragraph. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based on the administrative record before the agency.”.(b) Expenses of Standing Trustees.—Section 586(e) of title 28, United States Code, is amended by adding at the end the following:“(3) After first exhausting all available administrative remedies, an individual appointed under subsection (b) may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this subsection by commencing an action in the district court of the United States for the district where the individual resides. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based upon the administrative record before the agency.“(4) The Attorney General shall prescribe procedures to implement this subsection.”.
Pub. L. 109-8, tit. XII, sec. 1231: TRUSTEES. | Justis AI