§ 2937. — Judicial review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC2937]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 2937. Judicial review
(a) Review
(1) Petition
With respect to any final order by the Secretary under section
2936 of this title by which the Secretary awards, declines to award,
or only conditionally awards, financial assistance under his \1\
chapter, or any final order of the Secretary under section 2936 of
this title with respect to a corrective action or sanction imposed
under section 2934 of this title, any party to a proceeding which
resulted in such final order may obtain review of such final order
in the United States Court of Appeals having jurisdiction over the
applicant or recipient of funds involved, by filing a review
petition within 30 days after the date of issuance of such final
order.
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\1\ So in original. Probably should be ``this''.
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(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.
(Pub. L. 105-220, title I, Sec. 187, Aug. 7, 1998, 112 Stat. 1049.)
Prior Provisions
Provisions similar to this section were contained in section 1578 of
this title prior to repeal by Pub. L. 105-220.
Section Referred to in Other Sections
This section is referred to in section 2936 of this title.
