31 U.S.C. § 755 Judicial Review

LibraryUnited States Statutes
CurrencyCurrent through P.L. 118-21 (published on www.congress.gov on 11/13/2023)

(a) A final decision under section 753(a)(1)-(3), (6),,1 (7) or (9) of this title may be reviewed by the United States Court of Appeals for the Federal Circuit. Chapter 158 of title 28 applies to a review under this subchapter, except the petition for review shall be filed by the 30th day after the petitioner receives notice of the decision. The court shall set aside a final decision the court decides is-

(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(b) If an officer, employee, applicant for employment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under section 732(f) of this title or under section 312(e)(2) 2 of the Architect of the Capitol Human Resources Act, attorney's fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964.

1 So in original. Second comma probably should follow "(7)".

2 See References in Text note below.

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES 1982 ACT</TD> </TR> <TR> <TD>Revised Section</TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>755</TD> <TD>31:52-3(l).</TD> <TD>Feb. 15, 1980, Pub. L. 96-191, §4(l), 94 Stat. 31.</TD> </TR> </TABLE>

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