§3247 Judicial Review

Summary

Anyone affected by a final decision from the Secretary about giving or denying financial help, or about a sanction or corrective action, can ask the U.S. Court of Appeals that covers the applicant or recipient to review that decision. The petition must be filed within 30 days. The court clerk sends the petition to the Secretary, who must file the case record under 28 U.S.C. 2112. Filing the petition does not stop the Secretary’s decision unless the court orders a stay. The court should hear the case quickly, if possible within 10 days after a reply is filed. The court will only consider complaints that were raised earlier with the Secretary. It looks at legal questions, and it accepts the Secretary’s factual findings if supported by substantial evidence. The court can confirm, change, or overturn the Secretary’s decision in whole or in part. The court’s judgment is final unless the Supreme Court takes the case by certiorari under 28 U.S.C. 1254(1).