2018 US Code
Title 29 - Labor
Chapter 32 - Workforce Innovation and Opportunity
Subchapter I - Workforce Development Activities
Part E - Administration
Sec. 3247 - Judicial review

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Citation 29 U.S.C. § 3247 (2018)
Section Name §3247. Judicial review
Section Text (a) Review (1) Petition

With respect to any final order by the Secretary under section 3246 of this title by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under this subchapter, or any final order of the Secretary under section 3246 of this title with respect to a corrective action or sanction imposed under section 3244 of this title, any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a review petition within 30 days after the date of issuance of such final order.

(2) Action on petition

The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in section 2112 of title 28. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition.

(3) Standard and scope of review

No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence.

(b) Judgment

The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28.

Source Credit

(Pub. L. 113–128, title I, §187, July 22, 2014, 128 Stat. 1597.)

Editorial Notes EFFECTIVE DATE

Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

Publication Title United States Code, 2018 Edition, Title 29 - LABOR
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 29 - LABOR
CHAPTER 32 - WORKFORCE INNOVATION AND OPPORTUNITY
SUBCHAPTER I - WORKFORCE DEVELOPMENT ACTIVITIES
Part E - Administration
Sec. 3247 - Judicial review
Contains section 3247
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 128 Stat. 1597
Public Law References Public Law 113-128
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