I.R.C. § 3310(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.
I.R.C. § 3310(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.
I.R.C. § 3310(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.
I.R.C. § 3310(d) Stay Of Secretary Of Labor's Action
I.R.C. § 3310(d)(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.
I.R.C. § 3310(d)(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.
(Added Pub. L. 91-373, title I, 131(b)(1), Aug. 10, 1970, 84 Stat. 703, and 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.)
BACKGROUND 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”.
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.
