§80a–42 Court Review of Orders

Summary

You can ask a U.S. Court of Appeals to review any Commission order that harms you. File a written petition in the appeals court for the circuit where you live or do business, or in the D.C. Circuit, within 60 days after the order. The court clerk will send a copy to the Commission, and the Commission must file the record of its decision as federal law (28 U.S.C. 2112) requires. When the petition is filed the court can act, and when the record is filed the court has the sole power to decide to uphold, change, or cancel the order. The court will not consider objections you did not raise before the Commission unless you had a good reason. The Commission’s factual findings are final if supported by substantial evidence. The court can allow new evidence to be sent back to the Commission for a hearing if it is important and there was a good reason it was not presented earlier; the Commission may then revise its findings. The court’s decision is final unless the Supreme Court reviews it under 28 U.S.C. 1254. If the order was issued under section 80a–8(e), filing for review automatically pauses the order unless the court says otherwise; for other orders a pause happens only if the court orders it.