§6869 — Title 42 The Public Health and Welfare | U.S. Code

§6869 Judicial review of final action by Secretary on application

Title 42 › Chapter CHAPTER 81— - ENERGY CONSERVATION AND RESOURCE RENEWAL › Subchapter SUBCHAPTER III— - ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS › Part Part A— - Weatherization Assistance for Low-Income Persons › § 6869

Last updated Apr 6, 2026|Official source

Summary

Lets an applicant who is unhappy with the Secretary’s final decision on their application ask a federal appeals court to review it. They must file the petition in the U.S. court of appeals for the circuit where the State is located within 60 days of notice. The court clerk must quickly send a copy to the Secretary, and the Secretary must file the record of the case with the court under 28 U.S.C. 2112. The Secretary’s factual findings are final if supported by substantial evidence. The court can send the case back for more evidence. The Secretary may change findings or the decision and must certify the new record. The court may uphold or set aside the decision in whole or in part. The Supreme Court may review the judgment by certiorari or certification under 28 U.S.C. 1254.

Title 42, §6869

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

(a)If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28.

(b)The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c)The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.

Editorial Notes

Amendments

1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.

§6869 Judicial review of final action by Secretary on application

Summary

Title 42, §6869

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata