§136n Administrative Procedure; Judicial Review

Summary

People can ask a court to review certain final decisions the Administrator makes. If the Administrator refuses to cancel or suspend a registration or to change a classification without a hearing, or takes other final actions that are not left entirely to the Administrator’s discretion, those decisions can be reviewed by a United States district court. If there was a public hearing and someone who took part will be harmed by the Administrator’s order, that person can file a petition in the U.S. court of appeals for their circuit within 60 days. The court clerk must send the petition to the Administrator, who must then file the case record as described in section 2112 of Title 28. The appeals court has sole power to uphold or overturn the order and will look at all the record evidence. The order stands if substantial evidence in the whole record supports it. The appeals court’s decision is final unless the Supreme Court agrees to hear the case under section 1254 of Title 28. Filing an appeal does not stop the order unless the court orders a stay. District courts also have the power to enforce and stop violations of this law. The Administrator must publish notice of all judgments from actions under this law in the manner the Administrator decides.