PRIA, Government Policy, Made Personal

Summary

When a court case under sections 1407 or 1408 questions a regulation under this chapter, the court may review whether the regulation is valid using subparts (A)–(D) of 5 U.S.C. 706(2). For regulations approved by a joint resolution under section 1384(c), only 706(2)(B) applies. If a regulation is found invalid, the court must use the most relevant executive-agency rule that implements the same statute. Otherwise, regulations under this chapter are not open to judicial review.

Title 2, §1409

The Congress, Source: USLM XML via OLRC

In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables.

§1409 Judicial Review of Regulations