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Any person who believes himself to be adversely affected by the promulgation of a standard may obtain judicial review, in accordance with section 10 of the Administrative Procedure Act (sec. 105). The Administrative Procedure Act sets forth the long-established criteria for judicial review of agency action and provides that agency findings shall be upheld if supported by substantial evidence on the record considered as a whole. That act also authorizes the reviewing court to stay the agency action pending review to the extent necessary to prevent irreparable injury.

Executive Communications

Contains nothing helpful.

As Introduced

As H.R. 13228 in the House and S. 3005 in the Senate:



JUDICIAL REVIEW OF ORDERS 21 SEC. 103. (a) (1) In a case of actual controversy as to 22 the validity of any order under section 102, any person who 23 will be adversely affected by such order when it is effective

24 may at any time prior to the forty-fifth day after such order 25 is issued file a petition with the United States court of appeals 1 for the circuit wherein such person resides or has his prin- o 2 cipal place of business, for a judicial review of such order. A 3 copy of the petition shall be forthwith transmitted by the 4 clerk of the court to the Secretary or other officer designated 5 by him for that purpose. The Secretary thereupon shall file 6 in the court the record of the proceedings on which the Sec7 retary based his order, as provided in section 2112 of title 8 28 of the United States Code. 9 (2) If the petitioner applies to the court for leave to 10 adduce additional evidence, and shows to the satisfaction of 11 the court that such additional evidence is material and that 12 there were reasonable grounds for the failure to adduce such 13 evidence in the proceeding before the Secretary, the court

may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the 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, or make

new findings, by reason of the additional evidence so taken, 20 and he shall file such modified or new findings, and his 21 recommendation, if any, for the modification or setting aside


22 of his original order, with the return of such additional evidence.

(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction 1 to affirm the order, or to set it aside in whole or in part, 2 temporarily or permanently. The findings of the Secretary 3 as to the facts, if supported by substantial evidence, shall be 4 conclusive. 5 (4) The judgment of the court affirming or setting 6 aside, in whole or in part, any such order of the Secretary 7 shall be final, subject to review by the Supreme Court of 8 the United States upon certiorari or certification as pro9 vided in section 1254 of title 28 of the United States Code. 10 (5) Any action instituted under this subsection shall 11 survive notwithstanding any change in the person occupying 12 the office of Secretary or any vacancy in such office. 13 (6) The remedies provided for in this subsection shall 14 be in addition to and not in substitution for any other 15 remedies provided by law. 16 (b) A certified copy of the transcript of the record 17 and proceedings under this section shall be furnished by 18 the Secretary to any interested party at his request, and 19 payment of the costs thereof, and shall be admissible in any

20 criminal, libel for condemnation, exclusion of imports, or 21 other proceeding arising under or in respect to this title, 22 irrespective of whether proceedings with respect to the 23 order have previously been instituted or become final under 24 subsection (a).

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