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28 U.S.C. § 2344 — Review of orders; time; notice; contents of petition; service
Federal law — U.S. Code and appendices · legal_authorities
On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of—
(1) the nature of the proceedings as to which review is sought;
(2) the facts on which venue is based;
(3) the grounds on which relief is sought; and
(4) the relief prayed.
The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.
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Stable record: federal_law:legal_authorities:record_usc_6001f2ed16b180a185a393ab
Source file: Laws/federal/codes/united-states-code/title-28/section-2344-review-of-orders-time-notice-contents-of-petition-service--5f3838dd88.md
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Passage SHA-256: 9771b1cbfab379dafe9ac5f923672ca5165bf1cec43f998bc015a56042efe413
Source location: Title 28, Chapter 158, § 2344; chapter-158-orders-of-federal-agencies-review.md
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On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of—
(1) the nature of the proceedings as to which review is sought;
(2) the facts on which venue is based;
(3) the grounds on which relief is sought; and
(4) the relief prayed.
The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction**
(1) **Judicial review** — The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of—
(A) a party aggrieved by a final decision of the Board under [section 1406(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406/e&num=0&edition=prelim) in cases arising under part A of subchapter II,
(B) a charging individual or a respondent before the Board who files a petition under [section 1331(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331/d/4&num=0&edition=prelim),
(C) the General Counsel or a respondent before the Board who files a petition under [section 1341(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1341/c/5&num=0&edition=prelim), or
(D) the General Counsel or a respondent before the Board who files a petition under [section 1351(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351/c/3&num=0&edition=prelim).
The court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), to determine the validity of, or otherwise review the decision of the Board.
(2) **Enforcement** — The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any petition of the General Counsel, filed in the name of the Office and at the direction of the Board, to enforce a final decision under section 1405(g) or 1406(e) of this title with respect to a violation of part A, B, C, or D of subchapter II.
**(b) Procedures**
(1) **Respondents**
(A) In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed by a
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1407
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Federal law — U.S. Code and appendices · legal_authorities
The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of—
(1) all final orders of the Federal Communication Commission made reviewable by [section 402(a) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim);
(2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7;
(3) all rules, regulations, or final orders of—
(A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101–56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and
(B) the Federal Maritime Commission issued pursuant to section 305,11 See References in Text note below. 41304, 41308, or 41309 or chapter 421 or 441 of title 46;
(4) all final orders of the Atomic Energy Commission made reviewable by [section 2239 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239&num=0&edition=prelim);
(5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim);
(6) all final orders under section 812 of the Fair Housing Act; and
(7) all final agency actions described in [section 20114(c) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20114/c&num=0&edition=prelim).
Jurisdiction is invoked by filing a petition as provided by [section 2344
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2342
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Federal law — U.S. Code and appendices · legal_authorities
Page 592
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2344
(Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat.
622.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
.....................
5 U.S.C. 1033.
Dec. 29, 1950, ch. 1189, § 3, 64
Stat. 1130.
The section is reorganized for clarity and concise-
ness. The word ‘‘is’’ is substituted for ‘‘shall be’’. The
word ‘‘petitioner’’ is substituted for ‘‘party or any of
the parties filing the petition for review’’ in view of the
definition of ‘‘petitioner’’ in section 2341 of this title.
§ 2344. Review of orders; time; notice; contents of
petition; service
On the entry of a final order reviewable under
this chapter, the agency shall promptly give no-
tice thereof by service or publication in accord-
ance with its rules. Any party aggrieved by the
final order may, within 60 days after its entry,
file a petition to review the order in the court of
appeals wherein venue lies. The action shall be
against the United States. The petition shall
contain a concise statement of—
(1) the nature of the proceedings as to which
review is sought;
(2) the facts on which venue is based;
(3) the grounds on which relief is sought; and
(4) the relief prayed.
The petitioner shall attach to the petition, as
exhibits, copies of the order, report, or decision
of the agency. The clerk shall serve a true copy
of the petition on the agency and on the Attor-
ney General by registered mail, with request for
a return receipt.
(Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat.
622.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
.....................
5 U.S.C. 1034.
Dec. 29, 1950, ch. 1189, § 4, 64
Stat. 1130.
The section is reorganiz
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2344
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.