§5398. Appeals
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Notable points in this section's history
Latest Jul 12, 2026 NOW As originally enacted Aug 18, 200025 U.S.C. § 5398
In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—
the validity of the grounds for the decision made; and
that the decision is fully consistent with provisions and policies of this subchapter.
Notes, amendments, and revision history
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
Editorial Notes
Codification
Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.