Judicial review of standards
- Sec. 30161. Judicial
review of standards
-
-
- FILING AND VENUE A person
adversely affected by an order prescribing a
motor vehicle safety standard under this chapter
may apply for review of the order by filing a
petition for review in the court of appeals of
the United States for the circuit in which the
person resides or has its principal place of
business. The petition must be filed not later
than 59 days after the order is issued.
- NOTIFYING SECRETARY The
clerk of the court shall send immediately a copy
of the petition to the Secretary of
Transportation. The Secretary shall file with the
court a record of the proceeding in which the
order was prescribed.
- ADDITIONAL PROCEEDINGS
-
- On request of the
petitioner, the court may order the
Secretary to receive additional evidence
and evidence in rebuttal if the court is
satisfied that the additional evidence is
material and there were reasonable
grounds for not presenting the evidence
in the proceeding before the Secretary.
- The Secretary may
modify findings of fact or make new
findings because of the additional
evidence presented. The Secretary shall
file a modified or new finding, a
recommendation to modify or set aside the
order, and the additional evidence with
the court.
- CERTIFIED COPIES OF RECORDS
OF PROCEEDINGS The Secretary shall give any
interested person a certified copy of the
transcript of the record in a proceeding under
this section on request and payment of costs. A
certified copy of the record of the proceeding is
admissible in a proceeding arising out of a
matter under this chapter, regardless of whether
the proceeding under this section has begun or
becomes final.
- FINALITY OF JUDGMENT AND
SUPREME COURT REVIEW A judgment of a court
under this section is final and may be reviewed
only by the Supreme Court under section 1254 of
title 28.
|
|
