§1296 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Allows the U.S. Court of Appeals for the Federal Circuit to review final decisions under chapter 5 of title 3 from three sources: agencies named under section 454 of title 3, the Federal Labor Relations Authority for matters under part D of subchapter II (even if section 7123 of title 5 points elsewhere), and the Secretary of Labor or the OSHA Review Commission for matters under part C of subchapter II. You must file a petition for review within 30 days after you get notice of the final decision.

Title 28, §1296

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—

(1)an appropriate agency (as determined under section 454 of title 3);

(2)the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding section 7123 of title 5; or

(3)the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.

(b)Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1296, added Pub. L. 97–164, title I, § 127(a), Apr. 2, 1982, 96 Stat. 39, related to precedence of cases in United States Court of Appeals for the Federal Circuit, prior to repeal by Pub. L. 98–620, title IV, § 402(29)(C), Nov. 8, 1984, 98 Stat. 3359.

Effective Date

Pub. L. 104–331, § 3(d), Oct. 26, 1996, 110 Stat. 4071, provided that: “The

Amendments

made by this section [enacting this section and section 1413 and 3901 to 3908 of this title and amending section 1346 and 2402 of this title] shall take effect on October 1, 1997.”

§1296 Review of Certain Agency Actions