28 U.S.C. § 2346

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 2346 - Certification of record on review

Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by section 2112 of this title.

28 U.S.C. § 2346

Added Pub. L. 89-554, §4(e), Sept. 6, 1966, 80 Stat. 623.

HISTORICAL AND REVISION NOTES
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 1036.	Dec. 29, 1950, ch. 1189, §6, 64 Stat. 1130.
		Aug. 28, 1958, Pub. L. 85-791, §31(a), 72 Stat. 951.

The words "of the court of appeals in which the proceeding is pending" are omitted as unnecessary in view of the definition of "clerk" in section 2341 of this title, and by reason of the exclusive jurisdiction of the court of appeals set forth in section 2342 of this title.

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;