§ 1710. — Court review of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1710]
TITLE 15--COMMERCE AND TRADE
CHAPTER 42--INTERSTATE LAND SALES
Sec. 1710. Court review of orders
(a) Petition; jurisdiction; findings of Secretary; additional evidence;
finality
Any person, aggrieved by an order or determination of the Secretary
issued after a hearing, may obtain a review of such order or
determination in the court of appeals of the United States, within any
circuit wherein such person resides or has his principal place of
business, or in the United States Court of Appeals for the District of
Columbia, by filing in such court, within sixty days after the entry of
such order or determination, a written petition praying that the order
or determination of the Secretary be modified or be set aside in whole
or in part. A copy of such petition shall be forthwith transmitted by
the clerk of the court to the Secretary, and thereupon the Secretary
shall file in the court the record upon which the order or determination
complained of was entered, as provided in section 2112 of title 28. No
objection to an order or determination of the Secretary shall be
considered by the court unless such objection shall have been urged
before the Secretary. The finding of the Secretary as to the facts, if
supported by substantial evidence, shall be conclusive. If either party
shall apply to the court for leave to adduce additional evidence, and
shall show to the satisfaction of the court that such additional
evidence is material and that there were reasonable grounds for failure
to adduce such evidence in the hearing before the Secretary, the court
may order such additional evidence to be taken before the Secretary and
to be adduced upon a hearing in such manner and upon such terms and
conditions as to the court may seem proper. The Secretary may modify his
findings as to the facts by reason of the additional evidence so taken,
and shall file such modified or new findings, which, if supported by
substantial evidence, shall be conclusive, and his recommendation, if
any, for the modification or setting aside of the original order. Upon
the filing of such petition, the jurisdiction of the court shall be
exclusive and its judgment and decree, affirming, modifying, or setting
aside, in whole or in part, any order of the Secretary, shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28.
(b) Stay of Secretary's order
The commencement of proceedings under subsection (a) of this section
shall not, unless specifically ordered by the court, operate as a stay
of the Secretary's order.
(Pub. L. 90-448, title XIV, Sec. 1411, Aug. 1, 1968, 82 Stat. 595.)
Section Referred to in Other Sections
This section is referred to in section 1717a of this title.
