Sec.
16. [136n] ADMINISTRATIVE PPOCEDURE; JUDICIAL REVIEW.
(a) District Court Review.--Except as otherwise provided in this
Act, the refusal of the Administrator to cancel or suspend a
registration or to change a classification not following a hearing
and other final actions of the Administrator not committed to
the discretion of the Administrator by law are judicially reviewable
by the district courts of the United States. (b) Review by Court
of Appeals.--In the case of actual controversy as to the validity
of any order issued by the Administrator following a public hearing,
any person who will be adversely affected by such order and who
had been a party to the proceedings may obtain judicial review
by filing in the United States court of appeals for the circuit
wherein such person resides or has a place of business, within
60 days after the entry of such order, a petition praying that
the order be set aside in whole or in part. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Administrator or any officer designated by the Administrator
for that purpose, and thereupon the Administrator shall file
in the court the record of the proceedings on which the Administrator
based the Administrator's order, as provided in section 2112
of title 28, United States Code. Upon the filing of such petition
the court shall have exclusive jurisdiction to affirm or set
aside the order complained of in whole or in part. The court
shall consider all evidence of record. The order of the Administrator
shall be sustained if it is supported by substantial evidence
when considered on the record as a whole. The judgment of the
court affirming or setting aside, in whole or in part, any order
under this section shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28, United States Code. The
commencement of proceedings under this section shall not, unless
specifically ordered by the court to the contrary, operate as
a stay of an order. (c) Jurisdiction of District Courts.--The
district courts of the United States are vested with jurisdiction
specifically to enforce, and to prevent and restrain violations
of, this act. (d) Notice of Judgments.--The Administrator shall,
by publication in such manner as the Administrator may prescribe,
give notice of all judgments entered in actions instituted under
the authority of this Act. |
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