26 U.S.C. § 3310 — Judicial review

FEDERAL · 26 U.S.C. · Chapter 23

Judicial review

26 U.S.C. § 3310

Chapter23 — FEDERAL UNEMPLOYMENT TAX ACT

This text of 26 U.S.C. § 3310 (Judicial review) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

26 U.S.C. § 3310.

Text

(a)In general Whenever under section 3303(b) or section 3304(c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor 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 of the United States Code. (

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(a) In general
Whenever under section 3303(b) or section 3304(c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor 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 of the United States Code.
(b) Findings of fact
The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence, and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c) Jurisdiction of court; review
The court shall have jurisdiction to affirm the action of the Secretary of Labor 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 of the United States Code.
(d) Stay of Secretary of Labor's action
(1) The Secretary of Labor shall not withhold any certification under section 3303(b) or section 3304(c) until the expiration of 60 days after the Governor of the State has been notified of the action referred to in subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.
(2) The commencement of judicial proceedings under this section shall stay the Secretary of Labor's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary of Labor's action and including such other relief as may be necessary to preserve status or rights.

The County of Los Angeles, California, a Political Subdivision of the State of California v. The Honorable F. Ray Marshall, Secretary of Labor of the United States the County of Los Angeles, California, a Political Subdivision of the State of California, Louisiana Municipal Association v. The Honorable F. Ray Marshall, Secretary of Labor of the United States, (Two Cases). The County of Los Angeles, California, a Political Subdivision of the State of California, the State of South Carolina, the State of Alaska v. The Honorable F. Ray Marshall, Secretary of Labor of the United States the County of Los Angeles, California, a Political Subdivision of the State of California, the State of South Carolina, the State of Alaska, the State of Utah v. The Honorable F. Ray Marshall, Secretary of Labor of the United States

631 F.2d 767 (D.C. Circuit, 1980)

3 case citations

Patterson v. Board of Education

269 S.W.2d 739 (Court of Appeals of Kentucky, 1954)

1 case citations

State New Hampshire Department of Employment Security v. Marshall

616 F.2d 240 (First Circuit, 1980)

Source Credit

History

(Added Pub. L. 91–373, title I, §131(b)(1), Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 94–455, title XIX, §1906(b)(13)(F), (H), Oct. 4, 1976, 90 Stat. 1835; Pub. L. 98–620, title IV, §402(28)(A), Nov. 8, 1984, 98 Stat. 3359.)

Editorial Notes

Editorial Notes

Amendments
1984—Subsec. (e). Pub. L. 98–620 struck out subsec. (e) which had provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary of Labor or of the State would receive, a preference and would be heard and determined as expeditiously as possible.
1976—Subsec. (d)(2). Pub. L. 94–455, §1906(b)(13)(F), substituted "the Secretary of Labor's action" for "the Secretary's action" in two places.
Subsec. (e). Pub. L. 94–455, §1906(b)(13)(H), substituted "of the Secretary of Labor" for "of the Secretary".

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

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26 U.S.C. § 3310, Counsel Stack Legal Research, https://law.counselstack.com/usc/26/3310.