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Title 42, The Public Health and WelfareRelease 119-110

§6869 Judicial Review of Final Action by Secretary on Application

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Last updated Sep 22, 2026|Official source

Summary

If an applicant is unhappy with the Secretary’s final decision on an application under sections 6864 or 6868, they must ask the U.S. court of appeals for the circuit where the State is located to review it within 60 days after getting notice. The court clerk will send a copy to the Secretary, and the Secretary must file the record the decision was based on. The Secretary’s factual findings are final if supported by enough evidence. The court can send the case back for more evidence. The Secretary can change findings or the decision and must send the new record to the court. The court can approve or overturn the Secretary’s action in whole or in part. The Supreme Court may review the court’s judgment.

Full Legal Text

Title 42, §6869

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

(a)Time for appeal; jurisdiction; filing of administrative record by Secretary
If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28.
(b)Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record
The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c)Power of court to affirm or set aside action of Secretary; appeal to Supreme Court
The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6869

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110