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28 U.S.C. § 2341 — Definitions
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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Stable record: federal_law:legal_authorities:record_usc_c922acf6c0427bfd734fa80d
Source file: Laws/federal/codes/united-states-code/title-28/section-2341-definitions--9f4e7e5bc5.md
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Passage SHA-256: d9616b68b122d1dadf84c5e3c534213a6f88d019d299074f91464245bd968e43
Source location: Title 28, Chapter 158, § 2341; chapter-158-orders-of-federal-agencies-review.md
Stored source content
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Election of judicial determination** When a charge is filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under [section 3610(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/h&num=0&edition=prelim) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates.
**(b) Administrative law judge hearing in absence of election** If an election is not made under subsection (a) with respect to a charge filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim). The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory h
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3612
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.
**(b)** The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter.
**(c)** The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2343
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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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2346
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2347
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Federal law — U.S. Code and appendices · legal_authorities
Page 589
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2341
objection of such party or intervenor, who may
prosecute, defend, or continue said action or
proceeding unaffected by the action or non-
action of the Attorney General therein.
(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949,
ch. 139, § 116, 63 Stat. 105; Pub. L. 93–584, § 6, Jan.
2, 1975, 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(C),
Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title
III, § 305(c)(1)(C), (D), Dec. 29, 1995, 109 Stat. 945.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 45a (Mar. 3, 1911,
ch. 231, §§ 212, 213, 36 Stat. 1150, 1151; Oct. 22, 1913, ch. 32,
38 Stat. 220).
The provision in the second sentence of section 45a of
title 28, U.S.C., 1940 ed., authorizing the Attorney Gen-
eral to employ and compensate special attorneys was
omitted as covered by sections 503 and 508 [now 543 and
548] of this title. The provision in the same sentence
authorizing the court to make rules for the conduct
and procedure of actions under this section were omit-
ted as covered by the Federal Rules of Civil Procedure
and section 2071 of this title relating to authority of
district courts to promulgate local rules of procedure.
The last paragraph of section 45a of title 28, U.S.C.,
1940 ed., was omitted as merely repetitive of the lan-
guage immediately following the first proviso.
Word ‘‘action’’ was substituted for ‘‘suit’’ in con-
formity with Rule 2 of the Federal Rules of Civil Proce-
dure.
Changes were made in phraseology.
1949 ACT
This section corrects, in section 2323 of title 28,
U.S.C., the reference to certain sections in title 49,
U.S.C. The provisions which were formerly set out as
section 49 of such title 49 are now set out as section 23
o
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2341
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