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28 U.S.C. § 2347 — Petitions to review; proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law.
**(b)** When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall—
(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law;
(2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or
(3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure.
**(c)** If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that—
(1) the additional evidence is material; and
(2) there were reasonable grounds for failure to adduce the evidence before the agency;
the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of
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Source location: Title 28, Chapter 158, § 2347; chapter-158-orders-of-federal-agencies-review.md
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**(a)** Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law.
**(b)** When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall—
(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law;
(2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or
(3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure.
**(c)** If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that—
(1) the additional evidence is material; and
(2) there were reasonable grounds for failure to adduce the evidence before the agency;
the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this title:
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 451
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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. § 2347
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