§611 — Title 5 Government Organization and Employees | U.S. Code

Summary

Small entities hurt by a final agency decision can go to court to see if the agency followed the rules in sections 601, 604, 605(b), 608(b), and 610. Courts that already review the rule under section 553 or other laws can hear these complaints too. Questions about sections 607 and 609(a) can only be reviewed when the court is already reviewing section 604. A small entity must start a court case within one year after the agency’s final action unless another law gives a shorter deadline. If the agency waited to publish a final regulatory flexibility analysis, the one-year period starts when that analysis is made public (or a shorter legal deadline that starts then). If the court finds problems, it must order the agency to fix them under this chapter and chapter 7. The court can send the rule back and can pause enforcing it against small entities unless doing so would harm the public. The agency’s regulatory flexibility analysis (including any corrected version) is part of the official record for the court. Challenges about following this chapter must be brought only under this rule. This does not stop court review of other impact studies required by other laws.

Title 5, §611

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)For any rule subject to this chapter, a small entity that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of section 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with section 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604.

(2)Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with section 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compliance with section 607 and 609(a) shall be judicially reviewable in connection with judicial review of section 604.

(3)(A)A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of one year, such lesser period shall apply to an action for judicial review under this section.

(B)In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this chapter, an action for judicial review under this section shall be filed not later than—

(i)one year after the date the analysis is made available to the public, or

(ii)where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public.

(4)In granting any relief in an action under this section, the court shall order the agency to take corrective action consistent with this chapter and chapter 7, including, but not limited to—

(A)remanding the rule to the agency, and

(B)deferring the enforcement of the rule against small entities unless the court finds that continued enforcement of the rule is in the public interest.

(5)Nothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this section.

(b)In an action for the judicial review of a rule, the regulatory flexibility analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (a)(4), shall constitute part of the entire record of agency action in connection with such review.

(c)Compliance or noncompliance by an agency with the provisions of this chapter shall be subject to judicial review only in accordance with this section.

(d)Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–121 amended section generally. Prior to amendment, section read as follows: “(a) Except as otherwise provided in subsection (b), any determination by an agency concerning the applicability of any of the provisions of this chapter to any action of the agency shall not be subject to judicial review. “(b) Any regulatory flexibility analysis prepared under section 603 and 604 of this title and the compliance or noncompliance of the agency with the provisions of this chapter shall not be subject to judicial review. When an action for judicial review of a rule is instituted, any regulatory flexibility analysis for such rule shall constitute part of the whole record of agency action in connection with the review. “(c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–121 effective on expiration of 90 days after Mar. 29, 1996, but inapplicable to interpretative rules for which a notice of proposed rulemaking was published prior to Mar. 29, 1996, see section 245 of Pub. L. 104–121, set out as a note under section 601 of this title.

Effective Date

Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.

§611 Judicial Review

Summary

Title 5, §611

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata