Page:United States Statutes at Large Volume 83.djvu/782

 754

PUBLIC LAW 91-173-DEC. 30, 1969

[83 STAT.

(d) Pending completion of the investigation reqnired by this section, the applicant may file with the Secretary a written request that the Secretary grant temporary relief (1) from any modification or termination of any order, or (2) from any order issued under section 104 of this title, except an order issued under section 104(a) of this title, together with a detailed statement giving reasons for granting such relief. The Secretary may grant such relief, under such conditions as he may prescribe, if— (1) a hearing has been held in which all parties were given an opportunity to be heard; (2) the applicant shows that there is substantial likelihood that the findings of the Secretary will be favorable to the applicant; and (3) such relief will not adversely affect the health and safety of miners in the coal mine. No temporary relief shall be granted in the case of a notice issued under section 104(b) or (i) of this title. JUDICIAL

7 2 Stat. 941; 80 Stat. 1323.

REVIEW

SEC. 106. (a) Any order or decision issued by the Secretary or the Panel under this Act, except an order or decision under section 109(a) of this Act, shall be subject to judicial review by the United States court of appeals for the circuit in which the affected mine is located, or the United States Court of Appeals for the District of Columbia Circuit, upon the filing in such court within thirty days from the date of such order or decision of a petition by any person aggrieved by the order or decision praying that the order or decision be modified or set aside in whole or in part, except that the court shall not consider such petition unless such person has exhausted the administrative remedies available under this Act. A copy of the petition shall forthwith be sent by registered or certified mail to the other party and to the Secretary or the Panel, and thereupon the Secretary or the Panel shall certify and file in such court the record upon which the order or decision complained of was issued, as provided in section 2112 of title 28, United States Code. ^j^^ rpj^g court shall hear such petition on the record made before the Secretary or the Panel. The findings of the Secretary or the Panel, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary or the Panel for such further action as it may direct. (c)(1) I n the case of a proceeding to review any order or decision issued by the Secretary under this Act, except an order or decision pertaining to an order issued under section 104(a) of this title or an order or decision pertaining to a notice issued under section 104(b) or (i) of this title, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding if— (A) all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; (B) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and (C) such relief will not adversely affect the health and safety of miners in the coal mine. (2) I n the case of a proceeding to review any order or decision issued by the Panel under this Act, the court may, under such condi-

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