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Title 42 — The Public Health and WelfareRelease 119-73

§15028 Appeals by States

Title 42 › Chapter CHAPTER 144— - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS › Subchapter SUBCHAPTER I— - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Part Part B— - Federal Assistance to State Councils on Developmental Disabilities › § 15028

Last updated Apr 6, 2026|Official source

Summary

A State may appeal a Secretary action to the U.S. court of appeals for the circuit where the State is by filing a petition within 60 days. The court clerk will send the petition to the Secretary, who must quickly file the official record. The court can uphold or overturn the Secretary’s action, in whole or in part. Until the record is filed, the Secretary may change or cancel the order. If the Secretary’s factual findings are supported by substantial evidence, they are conclusive. The court can send the case back for more proceedings, and the Secretary may make new findings, change the action, and file the new record. The court’s judgment is final, though the U.S. Supreme Court may review it. An appeal does not pause the Secretary’s action unless a court orders a stay.

Full Legal Text

Title 42, §15028

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If any State is dissatisfied with the Secretary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action.
(b)The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28.
(c)Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action.
(d)The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(e)The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(f)The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15028

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73