31 U.S. Code § 3805 - Judicial review

(a)
(1) A determination by a reviewing official under section 3803 of this title shall be final and shall not be subject to judicial review.
(2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to judicial review.
(b)
(1)
(A) Any person who has been determined to be liable under section 3802 of this title pursuant to section 3803 of this title may obtain review of such determination in—
(i) the United States district court for the district in which such person resides or transacts business;
(ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or
(iii) the United States District Court for the District of Columbia.
(B) Such review may be obtained by filing in any such court a written petition that such determination be modified or set aside. Such petition shall be filed—
(i) only after such person has exhausted all administrative remedies under this chapter; and
(ii) within 60 days after the date on which the authority head sends such person a copy of the decision of such authority head under section 3803 (i)(2) of this title.
(2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the authority and to the Attorney General. Upon receipt of the copy of such petition, the authority shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under section 3802 of this title. Except as otherwise provided in this section, the district courts of the United States shall have jurisdiction to review the decision, findings, and determinations in issue and to affirm, modify, remand for further consideration, or set aside, in whole or in part, the decision, findings, and determinations of the authority, and to enforce such decision, findings, and determinations to the extent that such decision, findings, and determinations are affirmed or modified.
(c) The decisions, findings, and determinations of the authority with respect to questions of fact shall be final and conclusive, and shall not be set aside unless such decisions, findings, and determinations are found by the court to be unsupported by substantial evidence. In concluding whether the decisions, findings, and determinations of an authority are unsupported by substantial evidence, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(d) Any district court reviewing under this section the decision, findings, and determinations of an authority shall not consider any objection that was not raised in the hearing conducted pursuant to section 3803 (f) of this title unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the court shall remand the matter to the authority for consideration of such additional evidence.
(e) Upon a final determination by the district court that a person is liable under section 3802 of this title, the court shall enter a final judgment for the appropriate amount in favor of the United States.

Source

(Added Pub. L. 99–509, title VI, § 6103(a),Oct. 21, 1986, 100 Stat. 1944.)

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31 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 185 - PROGRAM FRAUD CIVIL REMEDIES

6 CFR - Domestic Security

6 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

7 CFR - Agriculture

7 CFR Part 1 - ADMINISTRATIVE REGULATIONS

10 CFR - Energy

10 CFR Part 13 - PROGRAM FRAUD CIVIL REMEDIES

10 CFR Part 1013 - PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

15 CFR - Commerce and Foreign Trade

15 CFR Part 25 - PROGRAM

22 CFR - Foreign Relations

22 CFR Part 35 - PROGRAM FRAUD CIVIL REMEDIES

22 CFR Part 224 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

22 CFR Part 521 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT

24 CFR - Housing and Urban Development

24 CFR Part 28 - IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

28 CFR - Judicial Administration

28 CFR Part 71 - IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

29 CFR - Labor

29 CFR Part 22 - PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

31 CFR - Money and Finance: Treasury

31 CFR Part 16 - REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

34 CFR - Education

34 CFR Part 33 - PROGRAM FRAUD CIVIL REMEDIES ACT

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 42 - STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR - Postal Service

39 CFR Part 273 - ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT

39 CFR Part 962 - RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO THE PROGRAM FRAUD CIVIL REMEDIES ACT

40 CFR - Protection of Environment

40 CFR Part 27 - PROGRAM FRAUD CIVIL REMEDIES

43 CFR - Public Lands: Interior

43 CFR Part 35 - ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS AND STATEMENTS

45 CFR - Public Welfare

45 CFR Part 79 - PROGRAM FRAUD CIVIL REMEDIES

45 CFR Part 681 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

45 CFR Part 2554 - PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

49 CFR - Transportation

49 CFR Part 31 - PROGRAM FRAUD CIVIL REMEDIES

 

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