29 U.S.C. § 3247 — Judicial review

Page 941 TITLE 29—LABOR § 3248 the Secretary shall require only that the costs be categorized as administrative or pro- grammatic costs. (Pub. L. 113–128, title I, § 185, July 22, 2014, 128 Stat. 1594; Pub. L. 117–286, § 4(b)(48), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(3)(D). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3246. Administrative adjudication (a) In general Whenever any applicant for financial assist- ance under this subchapter is dissatisfied be- cause the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may re- quest a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 3244 of this title. (b) Appeal The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the deci- sion of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any ex- ception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the ad- ministrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the par- ties that the case involved has been accepted for review. (c) Time limit Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not de- cided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. (d) Additional requirement The provisions of section 3247 of this title shall apply to any final action of the Secretary under this section. (Pub. L. 113–128, title I, § 186, July 22, 2014, 128 Stat. 1596.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3247. Judicial review (a) Review (1) Petition With respect to any final order by the Sec- retary under section 3246 of this title by which the Secretary awards, declines to award, or only conditionally awards, financial assist- ance under this subchapter, or any final order of the Secretary under section 3246 of this title with respect to a corrective action or sanction imposed under section 3244 of this title, any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a re- view petition within 30 days after the date of issuance of such final order. (2) Action on petition The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in section 2112 of title 28. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if pos- sible within 10 days after the date of filing of a reply to the petition. (3) Standard and scope of review No objection to the order of the Secretary shall be considered by the court unless the ob- jection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be con- clusive if supported by substantial evidence. (b) Judgment The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28. (Pub. L. 113–128, title I, § 187, July 22, 2014, 128 Stat. 1597.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3248. Nondiscrimination (a) In general (1) Federal financial assistance For the purpose of applying the prohibitions against discrimination on the basis of age