Page:United States Statutes at Large Volume 92 Part 3.djvu/327

 PUBLIC LAW 95-602—NOV. 6, 1978

92 STAT. 2959

unless the entity to which such payment is made has provided assurances to the Commissioner that such entity will contribute, for purposes of carrying out such plan, the same amount as the State would have been obligated to contribute if the State received such payment.". (c) Section 101(d) of the Kehabilitation Act of 1973 is amended to 29 USC 721. read as follows: "(d)(1) Any State which is dissatisfied with a final determination Determination of the Commissioner under subsection (b) or (c) may file a petition for appeal, petition. judicial review of such determination in the United States Court of Appeals for the circuit in which the State is located. Such a petition may be filed only within the thirty-day period beginning on the date notice of such final determination was received by the State. The clerk of the court shall transmit a copy of the petition to the Commissioner or to any officer designated by him for that purpose. In accordance with section 2112 of title 28, United States Code, the Commissioner shall file with the court a record of the proceeding on which he based the determination being appealed by the State. Until a record is so filed, the Commissioner may modify or set aside any determination made under such proceedings. " (2) If, in an action under this subsection to review a final determination of the Commissioner under subsection (b) or (c), the petitioner or the Commissioner applies to the court for leave to have additional oral submissions or written presentations made respecting such determination, the court may, for good cause shown, order the Commissioner to provide within thirty days an additional opportunity to make such submissions and presentations. Within such period, the Commissioner may revise any findings of fact, modify or set aside the determination being reviewed, or make a new determination by reason of the additional submissions and presentations, and shall file such modified or new determination, and any revised findings of fact, with the return of such submissions and presentations. The court shall thereafter review such new or modified determination. "(3)(A) Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction (i) to grant appropriate relief as provided in chapter 7 of title 5, 5 VSC 701 etseq. United States Code, except for interim relief with respect to a determination under subsection (c), and (ii) except as otherwise provided in subparagraph (B), to review such determination in accordance " ' " with chapter 7 of title 6, United States Code. "(B) Section 706 of title 5, United States Code, shall apply to the review of any determination under this subsection, except that the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such determination if the court finds that the determination is not supported by substantial evidence in the record of the proceeding submitted pursuant to paragraph (1), as supplemented by any additional submissions and presentations filed under paragraph (2)."! INDIVIDTJALIZED WRrTTEN REHABILITATION PROGRAM

SEC. 103. Section 102 of the Rehabilitation Act of 1973 is amended— 29 USC 722. (1) in subsection (b) by inserting "and agree to" after "redevelop"; and ( 2) by adding at the end the following new subsection: "(d)(1) The Director of any designated State unit shall establish Review procedures for the review of determinations made by the rehabilita- procedures, tion counselor or coordinator under this section, upon the request

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