Page:United States Statutes at Large Volume 109 Part 1.djvu/52

 109 STAT. 36 PUBLIC LAW 104-1 -^AN. 23, 1995 (D) the General Counsel or a respondent before the Board who files a petition under section 220(c)(3). The court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), to determine the validity of, or otherwise review the decision of the Board. (2) ENFORCEMENT. —The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any petition of the General Counsel, filed in the name of the Office and at the direction of the Board, to enforce a final decision under section 405(g) or 406(e) with respect to a violation of part A, B,C, or D of title II. (b) PROCEDURES. — (1) RESPONDENTS.—(A) In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed by a party other than the General Counsel under subsection (a)(1) (C) or (D), the Office shall be named respondent and any party before the Board may be named respondent by filing a notice of election with the court within 30 days after service of the petition. (B) In any proceeding commenced by a petition filed by the General Counsel under subsection (a)(1)(C) or (D), the prevailing party in the final decision entered under section 406(e) shall be named respondent, and any other party before the Board may be named respondent by filing a notice of election with the court within 30 days after service of the petition. (C) In any proceeding commenced by a petition filed under subsection (a)(2), the party under section 405 or 406 that the General Counsel determines has failed to comply with a final decision under section 405(g) or 406(e) shall be named respondent. (2) INTERVENTION.— Any party that participated in the proceedings before the Board under section 406 and that was not made respondent under paragraph (1) may intervene as of right. (c) LAW APPLICABLE. —Chapter 158 of title 28, United States Code, shall apply to judicial review under paragraph (1) of subsection (a), except that— (1) with respect to section 2344 of title 28, United States Code, service of a petition in any proceeding in which the Office is a respondent shall be on the General Counsel rather than on the Attorney General; (2) the provisions of section 2348 of title 28, United States Code, on the authority of the Attorney General, shall not apply; (3) the petition for review shall be filed not later than 90 days after the entry in the Office of a final decision under section 406(e); and (4) the Office shall be an "agency" as that term is used in chapter 158 of title 28, United States Code. (d) STANDARD OF REVIEW.— To the extent necessary for decision in a proceeding commenced under subsection (a)(1) and when presented, the court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final decision of the Board if it is determined that the decision was— (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;

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