49-U.S.C.-5127
§5127 – Judicial Review
Pathway
Title 49 > Subtitle III > Chapter 51 > Section 5127
Details
- Reference: Section 5127
- Legend: §5127 – Judicial Review
- USCode Year: 2013
Provision Content
(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. The petition must be filed not more than 60 days after the Secretarys 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. 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 Secretarys 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.
(Added Pub. L. 109–59, title VII, §7123(b), Aug. 10, 2005, 119 Stat. 1907.)
Prior Provisions
A prior section 5127 was renumbered section 5128 of this title.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-5121 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-5121, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-5111 in the Legal Encyclopedia: Transport Programs
In this entry about 49-U.S.C.-5111, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.
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