Page:United States Statutes at Large Volume 112 Part 2.djvu/165

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1049 hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 184. (b) APPEAL. —The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a &arty dissatisfied with the decision or any part of the decision as filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, has notified the parties that the case involved has been accepted for review. (c) TIME LIMIT.— Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. (d) ADDITIONAL REQUIREMENT. —The provisions of section 187 Applicability, shall apply to any final action of the Secretary under this section. SEC. 187. JUDICIAL REVIEW. 29 USC 2937. (a) REVIEW.— (1) PETITION. —With respect to any final order by the Secretary under section 186 by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under his title, or any final order of the Secretary under section 186 with respect to a corrective action or sanction imposed under section 184, any party to a proceeding which resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant or recipient of funds involved, by filing a review petition within 30 days after the date of issuance of such final order. (2) ACTION ON PETITION. —The clerk of the court shall transmit a copy of the review petition to the Secretary who shall file the record on which the final order was entered as provided in section 2112 of title 28, United States Code. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition. (3) STANDARD AND SCOPE OF REVIEW.—N O objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence. (b) JUDGMENT. —The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28, United States Code. SEC. 188. NONDISCRIMINATION. 29 USC 2938. (a) IN GENERAL. —

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