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28 U.S.C. § 3902 — Judicial review of regulations

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3902 — Judicial review of regulations

In any proceeding under section 1296 or 1346(g) of this title in which the application of a regulation issued under chapter 5 of title 3 is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of [section 706(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2&num=0&edition=prelim). If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.

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Source location: Title 28, Chapter 179, § 3902; chapter-179-judicial-review-of-certain-actions-by-presidential-offices.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1296 — Review of certain agency actions

**(a) Jurisdiction.—** Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of— (1) an appropriate agency (as determined under [section 454 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section454&num=0&edition=prelim)); (2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding [section 7123 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim); or (3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3. **(b) Filing of Petition.—** Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3902 — Judicial review of regulations

Page 669 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3902 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3703. Injunctions A civil action to enjoin a violation of section 3702 may be commenced in an appropriate dis- trict court of the United States by the Attorney General of the United States, or by a profes- sional sports organization or amateur sports or- ganization whose competitive game is alleged to be the basis of such violation. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3704. Applicability (a) Section 3702 shall not apply to— (1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976, and ending August 31, 1990; (2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both— (A) such scheme was authorized by a stat- ute as in effect on October 2, 1991; and (B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was con- ducted in that State or other governmental entity at any time during the period begin- ning September 1, 1989, and ending October 2, 1991, pursuant to the law of that State or other governmental entity; (3) a betting, gambling, or wagering scheme, othe

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