
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6869]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 81--ENERGY CONSERVATION AND RESOURCE RENEWAL
 
 SUBCHAPTER III--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE 
                         FOR EXISTING BUILDINGS
 
        Part A--Weatherization Assistance for Low-Income Persons
 
Sec. 6869. Judicial review of final action by Secretary on 
        application
        

(a) Time for appeal; jurisdiction; filing of administrative record by 
        Secretary

    If any applicant is dissatisfied with the Secretary's final action 
with respect to the application submitted by it under section 6864 of 
this title, or with a final action under section 6868 of this title, 
such applicant may, within 60 days after notice of such action, file 
with the United States court of appeals for the circuit in which the 
State involved is located a petition for review of that action. A copy 
of the petition shall be forthwith transmitted by the clerk of the court 
to the Secretary. The Secretary 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) Conclusiveness of findings of Secretary; remand; modified findings 
        by Secretary; certification of record

    The findings of fact by the Secretary, if supported by substantial 
evidence, shall be conclusive. The court may, for good cause shown, 
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. The Secretary shall certify to the court the 
record of any such further proceedings. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial evidence.

(c) Power of court to affirm or set aside action of Secretary; appeal to 
        Supreme Court

    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 section 1254 of 
title 28.

(Pub. L. 94-385, title IV, Sec. 419, Aug. 14, 1976, 90 Stat. 1157; Pub. 
L. 96-294, title V, Sec. 577(2), (3), June 30, 1980, 94 Stat. 760.)


                               Amendments

    1980--Subsecs. (a) to (c). Pub. L. 96-294 substituted ``Secretary'' 
for ``Administrator'' wherever appearing, and ``Secretary's'' for 
``Administrator's''.
