Title 42 — The Public Health and WelfareRelease 119-73not60

§15028 Appeals by States

Title 42 › Chapter 144— DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS › Subchapter I— PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Part B— Federal Assistance to State Councils on Developmental Disabilities › § 15028

Last updated Apr 5, 2026|Official source

Summary

A State may appeal a Secretary’s decision to the United States court of appeals for the circuit where the State is located. The State must file a petition within 60 days. The court clerk must send a copy to the Secretary, and the Secretary must promptly file the record of the action under 28 U.S.C. 2112. Until that record is filed, the Secretary can change or withdraw the order. The court can confirm or overturn the Secretary’s action, in whole or in part, temporarily or permanently. The Secretary’s factual findings are binding if supported by strong evidence, but the court can send the case back for more evidence. The Secretary may make new findings and must file the new record. The court’s judgment is final, subject to possible Supreme Court review under 28 U.S.C. 1254. Starting an appeal does not stop the Secretary’s action unless the court orders a stay.

Full Legal Text

Title 42, §15028

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If any State is dissatisfied with the Secretary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action.

(b)The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28.

(c)Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action.

(d)The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(e)The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary 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.

(f)The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15028

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60