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U.S. Code as of:
01/19/04
Section 504. Judicial review
(a) Finding by Secretary of Labor; petition for review; filing of
record
Whenever the Secretary of Labor -
(1) finds that a State law does not include any provision
specified in section 503(a) of this title, or
(2) makes a finding with respect to a State under subsection
(b), (c), (d), (e), (h), (i), or (j) of section 503 of this
title,
such State may, within 60 days after the Governor of the State has
been notified of such action, file with the United States court of
appeals for the circuit in which such State is located or with the
United States Court of Appeals for the District of Columbia, a
petition for review of such action. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the Secretary of
Labor. The Secretary of Labor thereupon shall file in the court the
record of the proceedings on which he based his action as provided
in section 2112 of title 28.
(b) Findings of fact by Secretary of Labor; new or modified
findings
The findings of fact by the Secretary of Labor, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary of Labor to take
further evidence and the Secretary of Labor may thereupon make new
or modified findings of fact and may modify his 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.
(c) Affirmance or setting aside of Secretary's action; review by
Supreme Court
The court shall have jurisdiction to affirm the action of the
Secretary of Labor 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.
(d) Stay of Secretary's action
(1) The Secretary of Labor shall not withhold any certification
for payment to any State under section 502 of this title until the
expiration of 60 days after the Governor of the State has been
notified of the action referred to in paragraph (1) or (2) of
subsection (a) of this section or until the State has filed a
petition for review of such action, whichever is earlier.
(2) The commencement of judicial proceedings under this section
shall stay the Secretary's action for a period of 30 days, and the
court may thereafter grant interim relief if warranted, including a
further stay of the Secretary's action and including such other
relief as may be necessary to preserve status or rights.
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