42 U.S. Code § 504 - Judicial review
(a) Finding by Secretary of Labor; petition for review; filing of record
Whenever the Secretary of Labor—
(1) finds that a State law does not include any provision specified in section 503 (a) of this title, or
(2) makes a finding with respect to a State under subsection (b), (c), (d), (e), (h), (i), or (j) ofsection 503 of this title,
such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor 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) Findings of fact by Secretary of Labor; new or modified findings
The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c) Affirmance or setting aside of Secretary’s action; review by Supreme Court
(d) Stay of Secretary’s action
(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 502 of this title until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph (1) or (2) of subsection (a) of this section or until the State has filed a petition for review of such action, whichever is earlier.
(2) The commencement of judicial proceedings under this section shall stay the Secretary’s action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary’s action and including such other relief as may be necessary to preserve status or rights.
Source(Aug. 14, 1935, ch. 531, title III, § 304, as added Pub. L. 91–373, title I, § 131(a),Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 96–249, title I, § 127(b)(2),May 26, 1980, 94 Stat. 367; Pub. L. 96–265, title IV, § 408(b)(2),June 9, 1980, 94 Stat. 469; Pub. L. 96–473, § 6(e)(2),Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98–620, title IV, § 402(39),Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–485, title I, § 124(b)(2),Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–628, title IX, § 904(c)(1)(B),Nov. 7, 1988, 102 Stat. 3261; Pub. L. 103–152, § 4(a)(2),Nov. 24, 1993, 107 Stat. 1517.)
1993—Subsec. (a)(2). Pub. L. 103–152substituted “(i), or (j)” for “or (i)”.
1988—Subsec. (a)(2). Pub. L. 100–628substituted “(e), (h), or (i)” for “(e), or (h)”.
Pub. L. 100–485substituted “(e), or (h)” for “or (e)”.
1984—Subsec. (e). Pub. L. 98–620struck out subsec. (e) which provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary or the State would receive, a preference and be heard and determined as expeditiously as possible.
Pub. L. 96–249and Pub. L. 96–265made identical amendments, substituting “subsection (b), (c), or (d)” for “subsection (b) or (c)”.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–152effective on the date one year after Nov. 24, 1993, see section 4(f)(1) ofPub. L. 103–152, set out as a note under section 503 of this title.
Effective Date of 1988 Amendments
Amendment by Pub. L. 100–628effective Sept. 30, 1989, with provision for optional early implementation and provision for States whose legislatures have not been in session for at least 30 days between Nov. 7, 1988, and Sept. 30, 1989, see section 3544 (d) of this title.
Amendment by Pub. L. 100–485effective on first day of first calendar quarter beginning one year or more after Oct. 13, 1988, see section 124(c)(1) ofPub. L. 100–485, set out as a note under section 653 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620not applicable to cases pending on Nov. 8, 1984, see section 403 ofPub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–265effective July 1, 1980, see section 408(b)(3) ofPub. L. 96–265, set out as a note under section 503 of this title.