section 1599 of this titleAn order made under shall be final and conclusive unless within thirty days after the service the person appeals to the court of appeals for the circuit in which such person resides or has his principal place of business by filing with the clerk of such court a written petition praying that the Secretary’s order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such person will pay the costs of the proceedings if the court so directs.
section 2112 of title 28The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in . If before such record is filed, the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary.
At any time after such petition is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the person and his officers, directors, agents, and employees from violating any of the provisions of the order pending the final determination of the appeal.
The evidence so taken or admitted and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case.
The court may affirm, modify, or set aside the order of the Secretary.
If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence.
If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the person and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified.
Aug. 9, 1939, ch. 615 53 Stat. 1287 June 25, 1948, ch. 646, § 32(a) 62 Stat. 991 May 24, 1949, ch. 139, § 127 63 Stat. 107 Pub. L. 85–791, § 24(b)72 Stat. 949 Pub. L. 98–620, title IV, § 402(7)(A)98 Stat. 3357 (, title IV, § 410, ; , ; , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 98–6201984— in fourth par., struck out provisions requiring proceedings in such cases in the court of appeals to be made a preferred cause and expedited in every way.
Pub. L. 85–791section 2112 of title 281958— substituted, in first sentence of second par., “thereupon file in the court the record in such proceedings as provided in ” for “forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, and the report and order”, substituted, in second sentence of second par., “record” for “transcript”, substituted in third par., “petition” for “transcript”, and struck out, in fourth par., “, duly certified” after “admitted”.
Statutory Notes and Related Subsidiaries
Change of Name
Act , as amended by act , substituted “court of appeals” for “circuit court of appeals” wherever appearing.
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.