 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
   Part A--Grants to Students in Attendance at Institutions of Higher 
                                Education
 
    subpart 4--leveraging educational assistance partnership program
 
Sec. 1070c-3. Administration of State programs; judicial review


(a) Disapproval of applications; suspension of eligibility

    (1) The Secretary shall not finally disapprove any application for a 
State program submitted under section 1070c-2 of this title, or any 
modification thereof, without first affording the State agency 
submitting the program reasonable notice and opportunity for a hearing.
    (2) Whenever the Secretary, after reasonable notice and opportunity 
for hearing to the State agency administering a State program approved 
under this subpart, finds--
        (A) that the State program has been so changed that it no longer 
    complies with the provisions of this subpart, or
        (B) that in the administration of the program there is a failure 
    to comply substantially with any such provisions,

the Secretary shall notify such State agency that the State will not be 
regarded as eligible to participate in the program under this subpart 
until he is satisfied that there is no longer any such failure to 
comply.

(b) Review of decisions

    (1) If any State is dissatisfied with the Secretary's final action 
with respect to the approval of its State program submitted under this 
subpart or with his final action under subsection (a) of this section, 
such State may appeal to the United States court of appeals for the 
circuit in which such State is located. The summons and notice of appeal 
may be served at any place in the United States. The Commissioner shall 
forthwith certify and file in the court the transcript of the 
proceedings and the record on which he based his action.
    (2) The findings of fact by the Secretary, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further evidence, 
and the Secretary may thereupon make new or modified findings of fact 
and may modify his previous action, and shall certify to the court the 
transcript and record of further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by 
substantial evidence.
    (3) The court shall have jurisdiction to affirm the action of 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 title 28, section 
1254.

(Pub. L. 89-329, title IV, Sec. 415D, as added Pub. L. 99-498, title IV, 
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1335.)


                            Prior Provisions

    A prior section 1070c-3, Pub. L. 89-329, title IV, Sec. 415D, as 
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat. 
257; amended Pub. L. 96-374, title XIII, Sec. 1391(a)(1), (2), Oct. 3, 
1980, 94 Stat. 1503, related to administration of State programs and 
judicial review, prior to the general revision of this part by Pub. L. 
99-498.
