2019 US Code
Title 51 - National and Commercial Space Programs
Subtitle V - Programs Targeting Commercial Opportunities
Chapter 509 - Commercial Space Launch Activities
Sec. 50912 - Administrative hearings and judicial review

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Citation 51 U.S.C. § 50912 (2019)
Section Name §50912. Administrative hearings and judicial review
Section Text

(a) Administrative Hearings.—The Secretary of Transportation shall provide an opportunity for a hearing on the record to—

(1) an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;

(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and

(3) a licensee under this chapter, for a decision of the Secretary under—

(A) section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or

(B) section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.


(b) Judicial Review.—A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.

Source Credit

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335, §70110 of title 49; Pub. L. 105–303, title I, §102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108–492, §2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered §70110 then §50912 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(L), (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
70110(a)(1) 49 App.:2611(a)(1) (1st sentence). Oct. 30, 1984, Pub. L. 98–575, §12, 98 Stat. 3060.
70110(a)(2) 49 App.:2611(a)(1) (last sentence).
70110(a)(3) 49 App.:2611(a)(2).
70110(b) 49 App.:2611(b).

In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with section 554 of title 5" are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words "and a proposed transferee of a license" are omitted as being included in "applicant".

In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.

AMENDMENTS

2010—Pub. L. 111–314, §4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section.

Subsec. (a)(1). Pub. L. 111–314, §4(d)(5)(M), substituted "section 50905(a) or 50906" for "section 70105(a) or 70105a".

Subsec. (a)(2). Pub. L. 111–314, §4(d)(5)(N), substituted "section 50904(c)" for "section 70104(c)".

Subsec. (a)(3)(A). Pub. L. 111–314, §4(d)(5)(O), substituted "section 50908(b) or (c)" for "section 70107(b) or (c)".

Subsec. (a)(3)(B). Pub. L. 111–314, §4(d)(5)(P), substituted "section 50909(a)" for "section 70108(a)".

2004—Subsec. (a)(1). Pub. L. 108–492 inserted "or 70105a" after "70105(a)".

1998—Subsec. (a)(2). Pub. L. 105–303, §102(a)(10)(A), inserted "or reentry" after "prevent the launch".

Subsec. (a)(3)(B). Pub. L. 105–303, §102(a)(10)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site"

Publication Title United States Code, 2018 Edition, Supplement 1, Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subtitle V - Programs Targeting Commercial Opportunities
CHAPTER 509 - COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 50912 - Administrative hearings and judicial review
Contains section 50912
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 98 Stat. 3060
108 Stat. 1335
112 Stat. 2849
118 Stat. 3981
124 Stat. 3440-3442
Public Law References Public Law 98-575, Public Law 103-272, Public Law 105-303, Public Law 108-492, Public Law 111-314
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