§ 1710. Court review of orders

Footnotes

1. 1 So in original. Probably should be “Director’s”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1968

   Interstate Land Sales F till Disclosure Act

   Pub. L. 90–448 title XIV § 1411 · 82 Stat. 476

   Enacted · 15 U.S.C. § 1710

   Pub. L. 90–448, title XIV, § 1411, Aug. 1, 1968, 82 Stat. 595

   Source evidence

   Code source credit
   Pub. L. 90–448, title XIV, § 1411, Aug. 1, 1968, 82 Stat. 595

   Enacted provision · exact public law section
   Sec. 1411. court review of orders (a) Any person, aggrieved by an order or determination of the Secretary issued after a hearing, may obtain a review of such order or determination in the court of appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court, of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order or determination, a written petition praying that the order or determination of the Secretary be modified or be set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record upon which the order or determination complained of was entered, as provided in section 2112 of title 28, United States Code. No objection to an order or 72 stat. 941. determination of the Secretary shall be considered by the court unless such objection shall have been urged before the Secretary. The finding of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. If either party shall apply to the court, for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Secretary, the court may order such additional evidence to be taken before the Secretary and to be adduced upon a hearing in such manner and upon such terms and conditions as to Findings, modification. the court may seem proper. The Secretary may modify his findings as to the facts by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. Upon the filing of such petition, the jurisdiction of the court shall lie exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Secretary, shall be final, subject to review by the Supreme Court of the United States upon certiorari or 62 Stat. 928. certification as provided in section 1254 of title 28, United States Code. (b) The commencement of proceedings wider subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Secretary’s order.

2. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 title X § 1098A(1) · 124 Stat. 1376

   Substituted · 15 U.S.C. § 1710(a)

   Pub. L. 111–203 substituted “Director” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–203 substituted “Director” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (1) by 15 USC 1702 et seq. striking “Secretary” each place that term appears and inserting “Director”;

   Effective date note
   Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

2 of 2 references resolved to an enrolled provision