Page:United States Statutes at Large Volume 104 Part 5.djvu/674

 104 STAT. 3996 PUBLIC LAW 101-624—NOV. 28, 1990 praying that the order of the Board be set aside or modified in the manner stated in the petition. (B)FlUNG. — (i) LEAVE OF COURT. —After the expiration of the 30- day period referred to in subparagraph (A), a petition may be filed only by leave of court on a showing of reasonable grounds for failure to file the petition prior to the expiration of such period. (ii) CERTIFICATION.— The clerk of the court shall, on filing, cause a copy of the petition to be delivered to the Board and the Board shall certify and file in the court a transcript of the record on which the order was entered. If prior to the filing of such record the Board amends or sets aside its order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, after providing notice to the Board. (C) STAY OR SUSPENSION OF ORDER. —The filing of a petition for review under this paragraph shall not of itself stay or suspend the operation of the order of the Board, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. (D) ACTION BY COURT. —The court may affirm, modify, or set aside the order of the Board. (E) ADDITIONAL EVIDENCE.— (i) DETERMINATION. —I f the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the Board to reopen the hearing for the taking of such evidence, in such manner and on such terms and conditions as the court may consider appropriate. (ii) FINDINGS.— The Board may modify its findings as to the facts, or make new findings, by reason of the additional evidence taken under this subparagraph, and it shall file its modified or new findings and the amendments, if any, of its order, with the records of such additional evidence. (F) CONSIDERATION OF OBJECTIONS.— The court shall not consider an objection to an order of the Board unless the objection was argued before the Board or, if it were not so argued, unless there were reasonable grounds for fsiilure to do so. (G) REVIEW. —The judgment and decree of the court affirming, modifying, or setting aside any such order of the Board shall be subject only to review by the Supreme Court of the United States on certification or certiorari as provided in section 1254 of title 28, United States Code. (7) ENFORCEMENT OF ORDER. — I f the entity against which or against whom an order is issued under this subsection fails to obey the order, the Board may apply to the United States Court of Appeals for the circuit where the entity has its principal place of business, for the enforcement of the order, and shall file a transcript of the record on which the order complained of was entered. On the filing of the application, the court shall cause notice thereof to be served on the entity. The evidence to be considered, the procedure to be followed, and the jurisdiction of

�