§2000d–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Actions a department or agency takes under section 2000d–1 can be reviewed in court the same way other similar agency decisions are reviewed. If an agency stops or refuses financial help because it finds someone broke the rules under section 2000d–1, and there is otherwise no court review, any person harmed — including a State, local government, or their agency — may ask for review in court under chapter 7 of title 5. The agency cannot say its decision is beyond court review.

Title 42, §2000d–2

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

Any department or agency action taken pursuant to section 2000d–1 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 2000d–1 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.

Notes & Related Subsidiaries

Editorial Notes

Codification “Chapter 7 of title 5” and “that chapter” substituted in text for “section 10 of the Administrative Procedure Act” and “that section”, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5, section 10 of the Administrative Procedure Act was classified to section 1009 of Title 5.

§2000d–2 Judicial review; administrative procedure provisions

Summary

Title 42, §2000d–2

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata