§4015 — Title 15 Commerce and Trade | U.S. Code

Summary

People harmed by the Secretary’s decision to grant, deny, change, or revoke a certificate—or by a decision about a certificate amendment—can ask a U.S. district court to overturn that decision. The lawsuit must be filed within 30 days of the decision. Aside from those situations, courts may not review actions by the Secretary or the Attorney General under this part. If the Secretary denies or withdraws a certificate, that denial and the reasons given cannot be used as evidence in any government or court case to support an antitrust claim.

Title 15, §4015

Commerce and Trade — Source: USLM XML via OLRC

(a)If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 4014(b) of this title, any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appropriate district court of the United States to set aside the determination on the ground that such determination is erroneous.

(b)Except as provided in subsection (a), no action by the Secretary or the Attorney General pursuant to this subchapter shall be subject to judicial review.

(c)If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence, in any administrative or judicial proceeding, in support of any claim under the antitrust laws.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.

§4015 Judicial review; admissibility

Summary

Title 15, §4015

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata