28 U.S.C. § 2344

Current through 2019 Legislative Session
Section 2344 - Review of orders; time; notice; contents of petition; service

On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of-

(1) the nature of the proceedings as to which review is sought;
(2) the facts on which venue is based;
(3) the grounds on which relief is sought; and
(4) the relief prayed.

The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.

28 U.S.C. § 2344

Added Pub. L. 89-554, §4(e), Sept. 6, 1966, 80 Stat. 622.

HISTORICAL AND REVISION NOTES
Derivation U.S. Code Revised Statutes and

Statutes at Large

5 U.S.C. 1034. Dec. 29, 1950, ch. 1189, §4, 64 Stat. 1130.
The section is reorganized, with minor changes in phraseology. The words "as prescribed by section 1033 of this title" are omitted as surplusage. The words "of the United States" following "Attorney General" are omitted as unnecessary.

agency
"agency" means- (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be; (B) the Secretary, when the order was entered by the Secretary of Agriculture or the Secretary of Transportation; (C) the Administration, when the order was entered by the Maritime Administration; (D) the Secretary, when the order is under section 812 of the Fair Housing Act; and (E) the Board, when the order was entered by the Surface Transportation Board.
clerk
"clerk" means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed;
petitioner
"petitioner" means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and