Title 42, The Public Health and WelfareRelease 119-110

§7385s–6 Administrative and Judicial Review

Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER XVI — ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part E — Contractor Employee Compensation › § 7385s–6

Last updated Sep 22, 2026|Official source

Summary

If someone is hurt by a final decision from the Secretary, they can ask a U.S. district court to change or cancel it. They must file a written petition within 60 days in the district where the injury happened, where the employee or survivor lives, or in Washington, D.C., and give a copy to the Secretary. The court can keep, change, or set aside all or part of the decision, but it may change it only if the decision was arbitrary and capricious (not reasonable or without a proper basis). The Secretary must make sure recommended decisions under this part get administrative review and must create rules for that review or use the rules that apply to part B.

Full Legal Text

Title 42, §7385s–6

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

(a)Judicial review

A person adversely affected or aggrieved by a final decision of the Secretary under this part may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious.

(b)Administrative review

The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this part are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this part the regulations applicable to recommended decisions under part B.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–6

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110