
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6029]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
 SUBCHAPTER II--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES 
                                COUNCILS
 
Sec. 6029. Appeals by States

    If any State is dissatisfied with the Secretary's action under 
section 6022(c) \1\ of this title or section 6027 of this title, such 
State may appeal to the United States court of appeals for the circuit 
in which such State is located, by filing a petition with such court 
within sixty days after such action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Secretary, or any 
officer designated by the Secretary for that purpose. The Secretary 
thereupon shall file in the court the record of the proceedings on which 
the Secretary based the action, as provided in section 2112 of title 28. 
Upon the filing of such petition, the court shall have jurisdiction to 
affirm the action of the Secretary or to set it aside, in whole or in 
part, temporarily or permanently, but until the filing of the record, 
the Secretary may modify or set aside the order of the Secretary. The 
findings of the Secretary as to the facts, 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 the fact and 
may modify the previous action of the Secretary, and shall file in the 
court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by 
substantial evidence. The judgment of the court affirming or setting 
aside, in whole or in part, any action of the Secretary 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 so 
specifically ordered by the court, operate as a stay of the Secretary's 
action.
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    \1\ See References in Text note below.
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(Pub. L. 88-164, title I, Sec. 129, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2678; amended Pub. L. 103-230, title II, 
Sec. 211, Apr. 6, 1994, 108 Stat. 313.)

                       References in Text

    Section 6022 of this title, referred to in text, was amended 
generally by Pub. L. 103-230, title II, Sec. 203, Apr. 6, 1994, 108 
Stat. 297, and, as so amended, provisions formerly appearing in subsec. 
(c) are contained in subsec. (d)(3).


                               Amendments

    1994--Pub. L. 103-230 reenacted section catchline without change.
