§611 Judicial review

Summary

Gives small businesses and other small entities the right to sue in court if they are hurt by a final agency rule and think the agency did not follow the steps required by sections 601, 604, 605(b), 608(b), and 610. Courts that can review rules under section 553 or other laws can also hear these claims. Issues about sections 607 and 609(a) can be reviewed together when a court reviews section 604. A small entity must file a lawsuit within one year after the agency’s final action unless another law sets a shorter time. If the agency waited to publish a final regulatory flexibility analysis under 608(b), the suit must be filed no later than one year after that analysis is made public, or within any shorter time another law sets from that date. If the court finds the agency did not follow the rules, it must order the agency to fix the problem. The court can send the rule back to the agency and can delay enforcing the rule against small entities unless enforcing it is needed for the public interest. Courts may also stay a rule’s effective date or give other relief allowed by law. The regulatory flexibility analysis (including any corrected version) becomes part of the official record for the review. Review of compliance under this chapter can only happen under these rules, but this does not stop courts from reviewing other impact statements required by other laws.