§ 1234g. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1234g]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER IV--ENFORCEMENT
Sec. 1234g. Judicial review
(a) Recipients entitled to review; stay of action by Secretary
Any recipient of funds under an applicable program that would be
adversely affected by a final agency action under section 1234a, 1234d,
or 1234e of this title, and any State entitled to receive funds under a
program described in section 1232d(a) of this title whose application
has been disapproved by the Secretary, shall be entitled to judicial
review of such action in accordance with the provisions of this section.
The Secretary may not take any action on the basis of a final agency
action until judicial review is completed.
(b) Petition for review; filing of record
A recipient that desires judicial review of an action described in
subsection (a) of this section shall, within 60 days of that action,
file with the United States Court of Appeals for the circuit in which
that recipient is located, a petition for review of such action. A copy
of the petition shall be transmitted by the clerk of the court to the
Secretary. The Secretary shall file in the court the record of the
proceedings on which the action was based, as provided in section 2112
of title 28.
(c) Findings of fact
The findings of fact by the Office, if supported by substantial
evidence, shall be conclusive; but the court, for good cause shown, may
remand the case to the Office to take further evidence, and the Office
may make new or modified findings of fact and may modify its previous
action, and shall certify to the court the record of the further
proceedings. Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
(d) Scope of review; review by Supreme Court
The court shall have jurisdiction to affirm the action of the Office
or the Secretary or to set it aside, in whole or in part. The judgment
of the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28.
(Pub. L. 90-247, title IV, Sec. 458, as added Pub. L. 100-297, title
III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub. L. 103-
382, title II, Sec. 212(b)(3)(D), Oct. 20, 1994, 108 Stat. 3913.)
Amendments
1994--Subsec. (a). Pub. L. 103-382 made technical amendment to
reference to section 1232d(a) of this title to reflect renumbering of
corresponding section of original act.
Effective Date
Section effective 180 days after Apr. 28, 1988, but not applicable
to recipients receiving written notice to return funds prior to that
date, see section 3501(b) of Pub. L. 100-297, set out as an Effective
Date of 1988 Amendment note under section 1234 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1234a, 1234h, 7223h of this
title.
