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U.S. Code as of:
01/03/05
Section 136n. Administrative procedure; judicial review
(a) District court review
Except as otherwise provided in this subchapter, the refusal of
the Administrator to cancel or suspend a registration or to change
a classification not following a hearing and other final actions of
the Administrator not committed to the discretion of the
Administrator by law are judicially reviewable by the district
courts of the United States.
(b) Review by court of appeals
In the case of actual controversy as to the validity of any order
issued by the Administrator following a public hearing, any person
who will be adversely affected by such order and who had been a
party to the proceedings may obtain judicial review by filing in
the United States court of appeals for the circuit wherein such
person resides or has a place of business, within 60 days after the
entry of such order, a petition praying that the order be set aside
in whole or in part. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Administrator or any
officer designated by the Administrator for that purpose, and
thereupon the Administrator shall file in the court the record of
the proceedings on which the Administrator based the
Administrator's order, as provided in section 2112 of title 28.
Upon the filing of such petition the court shall have exclusive
jurisdiction to affirm or set aside the order complained of in
whole or in part. The court shall consider all evidence of record.
The order of the Administrator shall be sustained if it is
supported by substantial evidence when considered on the record as
a whole. The judgment of the court affirming or setting aside, in
whole or in part, any order under this section 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. The commencement of proceedings under this section shall not,
unless specifically ordered by the court to the contrary, operate
as a stay of an order.
(c) Jurisdiction of district courts
The district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
violations of, this subchapter.
(d) Notice of judgments
The Administrator shall, by publication in such manner as the
Administrator may prescribe, give notice of all judgments entered
in actions instituted under the authority of this subchapter.
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