§ 5127. Judicial review

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. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 title VII § 7123(b) · 119 Stat. 1144

   Enacted · 49 U.S.C. § 5127

   (Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)

   Source evidence

   Code source credit
   (Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)

   Enacted provision · exact public law section
   (b) Judicial Review.— Chapter 51 is amended by redesignating section 5127 as section 5128 and by inserting after section 5126 the following: “§ 5127. Judicial review “(a) Filing and Venue.— Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. Deadline. The petition must be filed not more than 60 days after the Secretary’s action becomes final. “(b) Judicial Procedures.— When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. Records. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28. “(c) Authority of Court.— The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings. “(d) Requirement for Prior Objection.— In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.” .

1 of 1 references resolved to an enrolled provision