15 U.S.C. § 80b–13: Court review of orders

Summary

Anyone hurt by an order from the Commission can ask a U.S. court of appeals to review it. You must file a written request in the appeals court where you live, have your main office, or in the D.C. Circuit within 60 days after the order. The court clerk must send a copy to the Commission, and the Commission must send the record it used to make the order. Once the record is filed, that appeals court has the only power to approve, change, or cancel the order. The court will not consider issues you did not raise before the Commission unless you had a good reason. The Commission’s factual findings stand if supported by enough evidence. The court can allow new evidence if it is important and could not reasonably have been presented earlier; that evidence is taken before the Commission, which may then change its findings. The court’s judgment is final unless the Supreme Court reviews it. Starting the court case does not stop the Commission’s order unless the court orders a stay.

Title 15, §80b–13

Commerce and Trade, Source: USLM XML via OLRC

(a)Petition; jurisdiction; findings of Commission; additional evidence; finality

Any person or party aggrieved by an order issued by the Commission under this subchapter may obtain a review of such order in the United States court of appeals within any circuit wherein such person resides or has his principal office or place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Commission be modified or set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to any member of the Commission, or any officer thereof designated by the Commission for that purpose, and thereupon the Commission shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission or unless there were reasonable grounds for failure so to do. The findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts by reason of the additional evidence so taken, and it shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(b)Stay of Commission’s order

The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–203 substituted “principal office or place of business” for “principal place of business”. 1987—Subsec. (a). Pub. L. 100–181 substituted “section 1254 of title 28” for “section 239 and 240 of the Judicial Code, as amended”. 1958—Subsec. (a). Pub. L. 85–791, in second sentence, substituted “transmitted by the clerk of the court to any member of the Commission, or” for “served upon any member of the Commission, or upon”, substituted “file in the court” for “certify and file in the court a transcript of”, and inserted “as provided in section 2112 of title 28”, and which, in third sentence, substituted “petition” for “transcript”, and “jurisdiction, which upon the filing of the record shall be exclusive” for “exclusive jurisdiction”.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, eff. Sept. 1, 1948, as amended by act

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an

Effective Date

note under section 5301 of Title 12, Banks and Banking.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.

§80b–13 Court Review of Orders

Summary

Title 15, §80b–13

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata