15 U.S.C. § 1710 : US Code - Section 1710: Court review of orders

Search 15 U.S.C. § 1710 : US Code - Section 1710: Court review of orders

(a) Petition; jurisdiction; findings of Secretary; additional
evidence; finality
Any person, aggrieved by an order or determination of the
Secretary issued after a hearing, may obtain a review of such order
or determination in the court of appeals of the United States,
within any circuit wherein such person resides or has his principal
place of business, or in the United States Court of Appeals for the
District of Columbia, by filing in such court, within sixty days
after the entry of such order or determination, a written petition
praying that the order or determination of the Secretary be
modified or be set aside in whole or in part. A copy of such
petition shall be forthwith transmitted by the clerk of the court
to the Secretary, and thereupon the Secretary shall file in the
court the record upon which the order or determination complained
of was entered, as provided in section 2112 of title 28. No
objection to an order or determination of the Secretary shall be
considered by the court unless such objection shall have been urged
before the Secretary. The finding of the Secretary as to the facts,
if supported by substantial evidence, shall be conclusive. If
either party shall apply to the court for leave to adduce
additional evidence, and shall show to the satisfaction of the
court that such additional evidence is material and that there were
reasonable grounds for failure to adduce such evidence in the
hearing before the Secretary, the court may order such additional
evidence to be taken before the Secretary and to be adduced upon a
hearing in such manner and upon such terms and conditions as to the
court may seem proper. The Secretary may modify his findings as to
the facts by reason of the additional evidence so taken, and shall
file such modified or new findings, which, if supported by
substantial evidence, shall be conclusive, and his recommendation,
if any, for the modification or setting aside of the original
order. Upon the filing of such petition, the jurisdiction of the
court shall be exclusive and its judgment and decree, affirming,
modifying, or setting aside, in whole or in part, any order of the
Secretary, shall be final, subject to review by the Supreme Court
of the United States upon certiorari or certification as provided
in section 1254 of title 28.
(b) Stay of Secretary's order
The commencement of proceedings under subsection (a) of this
section shall not, unless specifically ordered by the court,
operate as a stay of the Secretary's order.