28-U.S.C.-2347

§2347 – Petitions to Review; Proceedings

Pathway

Title 28 > Part VI > Chapter 158 > Section 2347

Details

• Reference: Section 2347
• Legend: §2347 – Petitions to Review; Proceedings
• USCode Year: 2013

Provision Content

(a) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law.

(b) When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall—

(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law;

(2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or

(3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure.

(c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that—

(1) the additional evidence is material; and

(2) there were reasonable grounds for failure to adduce the evidence before the agency;

the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order.

(Added Pub. L. 89–554, §4(e), Sept. 6, 1966, 80 Stat. 623.)

The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28.

In subsection (a), the words the petition following on a motion to dismiss are omitted as unnecessary. The word are is substituted for shall be. The words in fact following when the agency has are omitted as unnecessary.

In subsection (b)(3), the words United States preceding district court are omitted as unnecessary because the term district court as used in title 28 means a United States district court. See section 451 of title 28, United States Code. The words or any petitioner are omitted as unnecessary in view of the definition of petitioner in section 2341 of this title. In the last sentence, the word is is substituted for shall be.

In subsection (c), the words applies and shows are substituted for shall apply and shall show, respectively.

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-2345 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-2345, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-2342 in the Legal Encyclopedia: Proceedings

In this entry about 28-U.S.C.-2342, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.

28-U.S.C.-2344 in the Legal Encyclopedia: Agencies

In this entry about 28-U.S.C.-2344, find legal reference material, bibliographies and premiere content related to agencies in the American Encyclopedia of Law, presenting a comprehensive view of the United States agencies-specific issues, written by authorities in the field.

Topic Map

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