the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order.
28 U.S.C. § 2347
|HISTORICAL AND REVISION NOTES|
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
|5 U.S.C. 1037.||Dec. 29, 1950, ch. 1189, §7, 64 Stat. 1130.|
|Aug. 28, 1958, Pub. L. 85-791, §31(b), 72 Stat. 951.|
REFERENCES IN TEXTThe Federal Rules of Civil Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.
- "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.
- "petitioner" means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and