Title 42 — The Public Health and WelfareRelease 119-73

§7385s–6 Administrative and judicial review

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part E— - Contractor Employee Compensation › § 7385s–6

Last updated Apr 6, 2026|Official source

Summary

Anyone harmed by a final decision of the Secretary can ask a U.S. district court to review it. They must file a written petition within 60 days in the district where the injury happened, where the employee or survivor lives, or in the District of Columbia, and must send a copy to the Secretary. The court can uphold, change, or cancel the decision, but it may change or cancel only if it finds the decision was arbitrary and capricious. The Secretary must make sure recommended decisions are open to administrative (inside-agency) review and must write rules for that review or use the existing rules from part B.

Full Legal Text

Title 42, §7385s–6

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

(a)A person adversely affected or aggrieved by a final decision of the Secretary under this part may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious.

(b)The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this part the regulations applicable to recommended decisions under part B.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–6

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73