26 U.S.C. § 3310 : US Code - Section 3310: Judicial review

Search 26 U.S.C. § 3310 : US Code - Section 3310: Judicial review

(a) In general
Whenever under section 3303(b) or section 3304(c) the Secretary
of Labor makes a finding pursuant to which he is required to
withhold a certification with respect to a State under such
section, such State may, within 60 days after the Governor of the
State has been notified of such action, file with the United States
court of appeals for the circuit in which such State is located or
with the United States Court of Appeals for the District of
Columbia, a petition for review of such action. A copy of the
petition shall be forthwith transmitted by the clerk of the court
to the Secretary of Labor. The Secretary of Labor thereupon shall
file in the court the record of the proceedings on which he based
his action as provided in section 2112 of title 28 of the United
States Code.
(b) Findings of fact
The findings of fact by the Secretary of Labor, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary of Labor to take
further evidence, and the Secretary of Labor may thereupon make new
or modified findings of fact and may modify his previous action,
and shall certify to the court the record of the further
proceedings. Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
(c) Jurisdiction of court; review
The court shall have jurisdiction to affirm the action of the
Secretary of Labor or to set it aside, in whole or in part. The
judgment of the court shall be subject to review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28 of the United States Code.
(d) Stay of Secretary of Labor's action
(1) The Secretary of Labor shall not withhold any certification
under section 3303(b) or section 3304(c) until the expiration of 60
days after the Governor of the State has been notified of the
action referred to in subsection (a) or until the State has filed a
petition for review of such action, whichever is earlier.
(2) The commencement of judicial proceedings under this section
shall stay the Secretary of Labor's action for a period of 30 days,
and the court may thereafter grant interim relief if warranted,
including a further stay of the Secretary of Labor's action and
including such other relief as may be necessary to preserve status
or rights.