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5 U.S.C. § 611 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 611 — Judicial review

**(a)** (1) For any rule subject to this chapter, a small entity that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with sections 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604. (2) Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with sections 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604. (3) (A) A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of one year, such lesser period shall apply to an action for judicial review under this section. (B) In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this chapter, an action for judicial review under this section shall be filed not later than— (i) one year after the date the analysis is made available to the public, or (ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. (4) In granting any relief in an action under this

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Source location: Title 5, Chapter 6, § 611; chapter-006-the-analysis-of-regulatory-functions.md

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**(a)** (1) For any rule subject to this chapter, a small entity that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with sections 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604. (2) Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with sections 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604. (3) (A) A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of one year, such lesser period shall apply to an action for judicial review under this section. (B) In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this chapter, an action for judicial review under this section shall be filed not later than— (i) one year after the date the analysis is made available to the public, or (ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. (4) In granting any relief in an action under this section, the court shall order the agency to take corrective action consistent with this chapter and chapter 7, including, but not limited to— (A) remanding the rule to the agency, and (B) deferring the enforcement of the rule against small entities unless the court finds that continued enforcement of the rule is in the public interest. (5) Nothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this section. **(b)** In an action for the judicial review of a rule, the regulatory flexibility analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (a)(4), shall constitute part of the entire record of agency action in connection with such review. **(c)** Compliance or noncompliance by an agency with the provisions of this chapter shall be subject to judicial review only in accordance with this section. **(d)** Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 551 — Establishment of Department; Secretary; seal

There shall be an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate, and whose tenure of office shall be like that of the heads of the other executive departments. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department. The purpose of the Department of Labor shall be to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve and judicial notice shall be taken of the said seal.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 611 — Judicial review

Page 227 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 612 significant economic impact on a substantial number of small entities, which are to be re- viewed pursuant to this section during the suc- ceeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite pub- lic comment upon the rule. (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1169.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a), is Jan. 1, 1981. See Effective Date note set out under section 601 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title. § 611. Judicial review (a)(1) For any rule subject to this chapter, a small entity that is adversely affected or ag- grieved by final agency action is entitled to ju- dicial review of agency compliance with the re- quirements of sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency com- pliance with sections 607 and 609(a) shall be judi- cially reviewable in connection with judicial re- view of section 604. (2) Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have ju- risdiction to review any claims of noncompli- ance with sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compli- ance with sections 607 and 609(a) shall be judi- cially reviewable in connection with judicial re- view of section 604. (3)(A) A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that

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