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28 U.S.C. § 2348 — Representation in proceeding; intervention
Federal law — U.S. Code and appendices · legal_authorities
The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2348-representation-in-proceeding-intervention--29d8914d90.md
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Source location: Title 28, Chapter 158, § 2348; chapter-158-orders-of-federal-agencies-review.md
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The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 593
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2349
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
.....................
5 U.S.C. 1037.
Dec. 29, 1950, ch. 1189, § 7, 64
Stat. 1130.
Aug. 28, 1958, Pub. L. 85–791,
§ 31(b), 72 Stat. 951.
The headnotes of the subsections are omitted as un-
necessary and to conform to the style of title 28.
In subsection (a), the words ‘‘the petition’’ following
‘‘on a motion to dismiss’’ are omitted as unnecessary.
The word ‘‘are’’ is substituted for ‘‘shall be’’. The words
‘‘in fact’’ following ‘‘when the agency has’’ are omitted
as unnecessary.
In subsection (b)(3), the words ‘‘United States’’ pre-
ceding ‘‘district court’’ are omitted as unnecessary be-
cause the term ‘‘district court’’ as used in title 28
means a United States district court. See section 451 of
title 28, United States Code. The words ‘‘or any peti-
tioner’’ are omitted as unnecessary in view of the defi-
nition of ‘‘petitioner’’ in section 2341 of this title. In
the last sentence, the word ‘‘is’’ is substituted for
‘‘shall be’’.
In subsection (c), the words ‘‘applies’’ and ‘‘shows’’
are substituted for ‘‘shall apply’’ and ‘‘shall show’’, re-
spectively.
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (b)(3), are set out in the Appendix to this title.
§ 2348. Representation in proceeding; interven-
tion
The Attorney General is responsible for and
has control of the interests of the Government
in all court proceedings under this chapter. The
agency, and any party in interest in the pro-
ceeding before the agency whose interests will
be affected if an order of the agency is or is not
enjoined, set aside, or suspended, may appear as
parties theret
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2348
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