In general
section 2112 of title 28Whenever under section 3303(b) or section 3304(c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in of the United States Code.
Findings of fact
The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence, and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Jurisdiction of court; review
section 1254 of title 28The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in of the United States Code.
Stay of Secretary of Labor’s action
Pub. L. 91–373, title I, § 131(b)(1)84 Stat. 703Pub. L. 94–455, title XIX, § 1906(b)(13)(F)90 Stat. 1835Pub. L. 98–620, title IV, § 402(28)(A)98 Stat. 3359(Added , , ; amended , (H), , ; , , .)
Editorial Notes
Amendments
Pub. L. 98–6201984—Subsec. (e). struck out subsec. (e) which had provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary of Labor or of the State would receive, a preference and would be heard and determined as expeditiously as possible.
Pub. L. 94–455, § 1906(b)(13)(F)1976—Subsec. (d)(2). , substituted “the Secretary of Labor’s action” for “the Secretary’s action” in two places.
Pub. L. 94–455, § 1906(b)(13)(H)Subsec. (e). , substituted “of the Secretary of Labor” for “of the Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.