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28 U.S.C. § 2346 — Certification of record on review
Federal law — U.S. Code and appendices · legal_authorities
Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_8ebda5c3d6c1fc4f5a6eba89
Source file: Laws/federal/codes/united-states-code/title-28/section-2346-certification-of-record-on-review--daf19eaaa1.md
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Source location: Title 28, Chapter 158, § 2346; chapter-158-orders-of-federal-agencies-review.md
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Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
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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
**(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
As used in this chapter—
(1) “clerk” means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed;
(2) “petitioner” means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and
(3) “agency” means—
(A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be;
(B) the Secretary, when the order was entered by the Secretary of Agriculture or the Secretary of Transportation;
(C) the Administration, when the order was entered by the Maritime Administration;
(D) the Secretary, when the order is under section 812 of the Fair Housing Act; and
(E) the Board, when the order was entered by the Surface Transportation Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2341
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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. § 2346
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