50 U.S. Code § 4615 - Administrative procedure and judicial review
Except as provided in section 4610(c)(2) of this title and subsection (c) of this section, the functions exercised under this chapter are excluded from the operation of sections 551, 553 through 559, and 701 through 706 of title 5.
It is the intent of the Congress that, to the extent practicable, all regulations imposing controls on exports under this chapter be issued in proposed form with meaningful opportunity for public comment before taking effect. In cases where a regulation imposing controls under this chapter is issued with immediate effect, it is the intent of the Congress that meaningful opportunity for public comment also be provided and that the regulation be reissued in final form after public comments have been fully considered.
A determination of the Secretary, under section 4609(f) of this title, to deny a license may be appealed by the applicant to an administrative law judge who shall have the authority to conduct proceedings to determine only whether the item sought to be exported is in fact on the control list. Such proceedings shall be conducted within 90 days after the appeal is filed. Any determination by an administrative law judge under this subsection and all materials filed before such judge in the proceedings shall be reviewed by the Secretary, who shall either affirm or vacate the determination in a written decision within 30 days after receiving the determination. The Secretary’s written decision shall be final and is not subject to judicial review. Subject to the limitations provided in section 4614(c) of this title, the Secretary’s decision shall be published in the Federal Register.
For termination of authority granted by this chapter, see section 4622 of this title.
This chapter, referred to in subsecs. (a), (b), and (d), was in the original “this Act”, meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
Section was formerly classified to section 2412 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2412 of the former Appendix to this title, Pub. L. 91–184, § 14, formerly § 13, Dec. 30, 1969, 83 Stat. 847; renumbered § 14, Pub. L. 95–52, title I, § 102, June 22, 1977, 91 Stat. 235, set forth the effective date of the Export Administration Act of 1969, prior to the expiration of this Act on Sept. 30, 1979.
1988—Subsec. (c)(1). Pub. L. 100–418, § 2428(a)(1)(A), inserted “, except as provided in paragraph (3)” before period at end.
Subsec. (c)(3), (4). Pub. L. 100–418, § 2428(a)(1)(B), (C), added par. (3) and redesignated former par. (3) as (4).
Subsec. (d)(1). Pub. L. 100–418, § 2428(b), substituted “180” for “60” in two places in second sentence.
Subsec. (d)(2). Pub. L. 100–418, § 2428(a)(2), inserted “, except as provided in paragraph (3)” after “judicial review” before period at end of fifth sentence and inserted sentence at end that all materials submitted to the administrative law judge and the Secretary constitute the administrative record for purposes of review.
Subsec. (d)(3). Pub. L. 100–418, § 2428(a)(2)(B), added par. (3).
1985—Pub. L. 99–64, § 114(1), struck out “Exemption from certain provisions relating to” in section catchline.
Subsec. (a). Pub. L. 99–64, § 114(2), inserted “and subsection (c) of this section”.
Subsecs. (c) to (e). Pub. L. 99–64, § 114(3), added subsecs. (c) to (e).
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