Title 42 — The Public Health and Welfare
Part B · Chapter 144 — Developmental Disabilities Assistance and Bill of Rights
§ 15028. Appeals by States
Statutory text
Appeal
If any State is dissatisfied with the Secretary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action.
Filing
The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28.
Jurisdiction
Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action.
Findings and remand
The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Finality
The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
Effect
The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action.
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.
Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 title I § 128 · 114 Stat. 1677
Enacted · 42 U.S.C. § 15028
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.)
Source evidence
Code source credit
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.)Enacted provision · exact public law section
SEC. 128. APPEALS BY STATES. (a) Appeal.— If any State is dissatisfied with the Secretary’s action under section 124(d)(3) or 127, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action. (b) Filing.— The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. (c) Jurisdiction.— Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and Remand.— The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (e) Finality.— The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (f) Effect.— The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action.
1 of 1 references resolved to an enrolled provision