51-U.S.C.-50912
§50912 – Administrative Hearings and Judicial Review
Pathway
Title 51 > Subtitle V > Chapter 509 > Section 50912
Details
- Reference: Section 50912
- Legend: §50912 – Administrative Hearings and Judicial Review
- USCode Year: 2012
Provision Content
(a) Administrative Hearings.—The Secretary of Transportation shall provide an opportunity for a hearing on the record to—
(1) an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;
(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or
(B) section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.
(b) Judicial Review.—A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335, §70110 of title 49; Pub. L. 105–303, title I, §102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108–492, §2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered §70110 then §50912 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(L), (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70110(a)(1) | 49 App.:2611(a)(1) (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §12, 98 Stat. 3060. |
| 70110(a)(2) | 49 App.:2611(a)(1) (last sentence). | |
| 70110(a)(3) | 49 App.:2611(a)(2). | |
| 70110(b) | 49 App.:2611(b). |
In subsection (a), before clause (1), the words The Secretary of Transportation shall provide an opportunity for a hearing on the record to” are substituted for shall be entitled to a determination on the record after an opportunity for a hearing” for consistency in the revised title. The words in accordance with section 554 of title 5” are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words and a proposed transferee of a license” are omitted as being included in applicant”.
In subsection (b), the words to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload” are omitted as surplus.
Amendments
2010—Pub. L. 111–314, §4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section.
Subsec. (a)(1). Pub. L. 111–314, §4(d)(5)(M), substituted section 50905(a) or 50906” for section 70105(a) or 70105a”.
Subsec. (a)(2). Pub. L. 111–314, §4(d)(5)(N), substituted section 50904(c)” for section 70104(c)”.
Subsec. (a)(3)(A). Pub. L. 111–314, §4(d)(5)(O), substituted section 50908(b) or (c)” for section 70107(b) or (c)”.
Subsec. (a)(3)(B). Pub. L. 111–314, §4(d)(5)(P), substituted section 50909(a)” for section 70108(a)”.
2004—Subsec. (a)(1). Pub. L. 108–492 inserted or 70105a” after 70105(a)”.
1998—Subsec. (a)(2). Pub. L. 105–303, §102(a)(10)(A), inserted or reentry” after prevent the launch”.
Subsec. (a)(3)(B). Pub. L. 105–303, §102(a)(10)(B), inserted or reentry site, or reentry of a reentry vehicle,” after operation of a launch site”
U.S. Encyclopedia of Law Coverage
51-U.S.C.-50506 in the Legal Encyclopedia: Space
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51-U.S.C.-50503 in the Legal Encyclopedia: Commercial Space Programs
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