---
kind: "section"
citation: "42 C.F.R. § 457.208"
title: "42"
number: "457.208"
heading: "Judicial review."
url: "https://uscodex.org/cfr/42/457.208"
---

# §457.208. Judicial review.

- (a) **Right to judicial review.** Any State dissatisfied with the Administrator's final determination on approvability of plan material ([§ 457.203](/cfr/42/457.203.md)) or compliance with Federal requirements ([§ 457.204](/cfr/42/457.204.md)) has a right to judicial review.
- (b) **Petition for review.**
  - (1) The State must file a petition for review with the U.S. Court of Appeals for the circuit in which the State is located, within 60 days after it is notified of the determination.
  - (2) After the clerk of the court files a copy of the petition with the Administrator, the Administrator files in the court the record of the proceedings on which the determination was based.
- (c) **Court action.**
  - (1) The court is bound by the Administrator's findings of fact, if they are supported by substantial evidence.
  - (2) The court has jurisdiction to affirm the Administrator's decision, to set it aside in whole or in part, or, for good cause, to remand the case for additional evidence.
- (d) **Response to remand.**
  - (1) If the court remands the case, the Administrator may make new or modified findings of fact and may modify his or her previous determination.
  - (2) **The Administrator certifies to the court the transcript and record of the further proceedings.**
- (e) **Review by the Supreme Court.** The judgment of the appeals court is subject to review by the U.S. Supreme Court upon certiorari or certification, as provided in [28 U.S.C. 1254](/usc/28/1254.md).

## Notes

### Amendments

[65 FR 33622, May 24, 2000, as amended at 66 FR 2674, Jan. 11, 2001]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 65 FR 33622, May 24, 2000, unless otherwise noted.

### Amendments

[65 FR 33622, May 24, 2000, as amended at 66 FR 2674, Jan. 11, 2001]