42 U.S.C. § 2000d–2: Judicial review…

Summary

Courts can review agency actions taken under section 2000d‑1 the same way they review similar agency actions. If an agency cuts off or refuses financial help because it found someone didn’t follow section 2000d‑1, any person harmed — including states or local governments and their agencies — can get court review under chapter 7 of title 5, and the agency cannot claim the decision is beyond judicial review.

Title 42, §2000d–2

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

Any department or agency action taken pursuant to section 2000d–1 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 2000d–1 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.

Notes & Related Subsidiaries

Editorial Notes

Codification “Chapter 7 of title 5” and “that chapter” substituted in text for “section 10 of the Administrative Procedure Act” and “that section”, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5, section 10 of the Administrative Procedure Act was classified to section 1009 of Title 5.

§2000d–2 Judicial Review; Administrative Procedure Provisions

Summary

Title 42, §2000d–2

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata