2016 US Code
Title 42 - The Public Health and Welfare
Chapter 84 - Department of Energy
Subchapter XVI - Energy Employees Occupational Illness Compensation Program
Part E - Contractor Employee Compensation
Sec. 7385s-6 - Administrative and judicial review
| 42 U.S.C. § 7385s-6 (2016) |
| §7385s–6. Administrative and judicial review |
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(a) Judicial review
A person adversely affected or aggrieved by a final decision of the Secretary under this part may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious. (b) Administrative reviewThe Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this part the regulations applicable to recommended decisions under part B. |
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(Pub. L. 106–398, §1 [div. C, title XXXVI, §3677], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct. 28, 2004, 118 Stat. 2182.) |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 84 - DEPARTMENT OF ENERGY SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Part E - Contractor Employee Compensation Sec. 7385s-6 - Administrative and judicial review |
| section 7385s-6 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 118 Stat. 2182 |
| Public Law 106-398, Public Law 108-375 |
