Page:United States Statutes at Large Volume 92 Part 3.djvu/772

 92 STAT. 3404

PUBLIC LAW 95-621—NOV. 9, 1978 information is relevant to the issues to which his participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State agency, (b) ACCESS TO STATE COURTS.— (1) REVIEW IN STATE COURTS.—The Secretary may obtain

review of any determination made in any proceeding described in subsection (a)(1) in the appropriate State court if the Secretary intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. (2)

PARTICIPATION AS AMICUS CURIAE.—In addition to his

authority to obtain review under paragraph (1), the Secretary may also participate an amicus curiae in any judicial review of any proceeding described in subsection (a)(1). SBC. 506. JUDICIAL REVIEW. 15 USC 3416.

Ante, pp.3382, 3383.

(a) ORDERS.—

(1) IN GENERAL.—The provisions of this subsection shall apply to judicial review of any order, within the meaning of section 551(6) of title 5, United States Code (other than an order assessing a civil penalty under section 504(b)(4) or any order under section 302 or any order under section 303), issued under this ^ c t and to any final agency action under this Act required to be made on the record after an opportunity for an agency hearing. (2) REHEARING.—Any person aggrieved by any order i s s u ^ by the Commission in a proceeding under this Act to which such person is a party may apply for a rehearing within 30 days after the issuance of such order. Any application for rehearing shall set forth the specific ground upon which such application is based. Upon the filing of such application, the Commission may grant or deny the requested rehearing or modify the original order without further hearing. Unless the Commission acts upon such application for rehearing within 30 days after it is filed, such application shall be deemed to have been denied. No person may bring an action under this section to obtain judicial review of any order of the Commission unless— (A) such person shall have made application to the Commission for a rehearing under this subsection; and (B) the Commission shall have finally acted with respect to such application. For purposes of this section, if the Commission fails to act within 30 days after the filing of such application, such failure to act shall be deemed final agency action with respect to such application. (3) AUTHORITY TO MODIFY ORDERS.—At any time before the filing of the record of a proceeding in a United States Court of Appeals, pursuant to paragraph (4), the Commission may, after providing notice it determines reasonable and proper, modify or set aside, in whole or in part, any order issued under the provisions of this Act. (4) JUDICIAL REVIEW.—Any person who is a party to a proceeding under this Act aggrieved by any final order issued by the Commission in such proceeding may obtain review of such order in the United States Court of Appeals for any circuit in which the party to which such order relates is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia circuit. Review shall be obtained by

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