Page:United States Statutes at Large Volume 77.djvu/439

 77

STAT.]

PUBLIC LAW 88-210-DEC. 18, 1963

40?

(b) The Commissioner shall approve a State plan which fulfills the conditions specified in subsection (a), and shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State board designated pursuant to paragraph (1) of such subsection. (c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State board administering a State plan approved under subsection (b), finds that— (1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or (2) in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State board that no further payments wall be made to the State under this part (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not aifected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under this part (or shall limit payments to programs under or portions of the State plan not affected by such failure). (d) A State board which is dissatisfied wath a final action of the Commissioner under subsection (b) or (c) may appeal to the Ignited States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the ^petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing 72 Stat. 941. of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the Commissioner may modify or set aside his action. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceed- 62 Stat. 928. ings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. P A Y M E N T S TO STATES

SEC. 6. (a) Any amount paid to a State from its allotment under section 3 for the fiscal year ending June 30, 1904, shall be paid on condition that there shall be expended for such year, in accordance with the State plan approved under section 5 or the State plan approved under the Vocational Education Act of 194B and supplementary vocational education Acts, or both, an amount in State or local funds, or both, which at least equals the amount expended for vocational education during the fiscal year ending June 30, 1963. under the State plan approved under the Vocational Education Act of 1946 and supplementary vocational education Acts.

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p. 409.

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