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42 U.S.C. § 5405 — Judicial review of orders establishing standards; petition; additional evidence before Secretary; certified copy of transcript
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In a case of actual controversy as to the validity of any order under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the 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, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3) Upon the fil
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Source file: Laws/federal/codes/united-states-code/title-42/section-5405-judicial-review-of-orders-establishing-standards-petition-additional-evi--b702022aab.md
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Source location: Title 42, Chapter 70, § 5405; chapter-070-manufactured-home-construction-and-safety-standards.md
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**(a)**
(1) In a case of actual controversy as to the validity of any order under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the 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, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the order in accordance with the provisions of sections 701 through 706 of title 5, and to grant appropriate relief.
(4) The judgment of the court affirming or setting aside, in whole or in part, any such 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
(5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.
(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.
**(b)** A certified copy of the transcript of the record and proceedings under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this chapter, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) manufactured housing plays a vital role in meeting the housing needs of the Nation; and
(2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans.
**(b) Purposes** The purposes of this chapter are—
(1) to protect the quality, durability, safety, and affordability of manufactured homes;
(2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans;
(3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes;
(4) to encourage innovative and cost-effective construction techniques for manufactured homes;
(5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing, consistent with the other purposes of this section;
(6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards;
(7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and
(8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **Authority** — The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which—
(A) shall—
(i) be reasonable and practical;
(ii) meet high standards of protection consistent with the purposes of this chapter; and
(iii) be performance-based and objectively stated, unless clearly inappropriate; and
(B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process.
(2) **Consensus standards and regulatory development process**
(A) *Initial agreement* — Not later than 180 days after December 27, 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall—
(i) terminate on the date on which a contract is entered into under subparagraph (B); and
(ii) require the administering organization to—
(I) recommend the initial members of the consensus committee under paragraph (3);
(II) administer the consensus standards development process until the termination of that agreement; and
(III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement.
(B) *Competitively procured contract* — Upon the expiration of the 4-year period beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using competitive procedures (as such term is defined in [section 132 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)), enter into a competitively
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
Page 6557
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5405
(4) Issuance
The model manufactured home installation
standards shall be issued after notice and an
opportunity for public comment in accordance
with section 553 of title 5.
(c) Manufactured home installation programs
(1) Protection of manufactured housing resi-
dents during initial period
During the 5-year period beginning on De-
cember 27, 2000, no State or manufacturer may
establish or implement any installation stand-
ards that, in the determination of the Sec-
retary, provide less protection to the residents
of manufactured homes than the protection
provided by the installation standards in ef-
fect with respect to the State or manufac-
turer, as applicable, on December 27, 2000.
(2) Installation standards
(A) Establishment of installation program
Not later than the expiration of the 5-year
period described in paragraph (1), the Sec-
retary shall establish an installation pro-
gram that meets the requirements of para-
graph (3) for the enforcement of installation
standards in each State described in sub-
paragraph (B) of this paragraph.
(B) Implementation of installation program
Beginning on the expiration of the 5-year
period described in paragraph (1), the Sec-
retary shall implement the installation pro-
gram established under subparagraph (A) in
each State that does not have an installa-
tion program established by State law that
meets the requirements of paragraph (3).
(C) Contracting out of implementation
In carrying out subparagraph (B), the Sec-
retary may contract with an appropriate
agent to implement the installation pro-
gram established under that subparagraph,
except that such agent shall not be a person
or entity other than a government, nor an
affiliate or subsidiary o
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