---
kind: "range"
citation: "28 U.S.C. §§ 2343–2350"
title: "28"
from: "2343"
to: "2350"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/28/2343..2350"
---

# §2343. Venue


The venue of a proceeding under this chapter is in the judicial circuit in which the [petitioner](/usc/28/2341.md?p=2) resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit.


# §2344. Review of orders; time; notice; contents of petition; service


On the entry of a final order reviewable under this chapter, the [agency](/usc/28/2341.md?p=3) shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of—

- (1) the nature of the proceedings as to which review is sought;
- (2) the facts on which venue is based;
- (3) the grounds on which relief is sought; and
- (4) the relief prayed.

The [petitioner](/usc/28/2341.md?p=2) shall attach to the petition, as exhibits, copies of the order, report, or decision of the [agency](/usc/28/2341.md?p=3). The [clerk](/usc/28/2341.md?p=1) shall serve a true copy of the petition on the [agency](/usc/28/2341.md?p=3) and on the Attorney General by registered mail, with request for a return receipt.


# §2345. Prehearing conference


The court of appeals may hold a prehearing conference or direct a judge of the court to hold a prehearing conference.


# §2346. Certification of record on review


Unless the proceeding has been terminated on a motion to dismiss the petition, the [agency](/usc/28/2341.md?p=3) shall file in the office of the [clerk](/usc/28/2341.md?p=1) the record on review as provided by [section 2112 of this title](/usc/28/2112.md).


# §2347. Petitions to review; proceedings

- (a) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the [agency](/usc/28/2341.md?p=3), when the [agency](/usc/28/2341.md?p=3) has held a hearing whether or not required to do so by law.
- (b) When the [agency](/usc/28/2341.md?p=3) has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall—
  - (1) remand the proceedings to the [agency](/usc/28/2341.md?p=3) to hold a hearing, when a hearing is required by law;
  - (2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or
  - (3) transfer the proceedings to a [district court](/usc/28/451.md) for the [district](/usc/28/451.md) in which the [petitioner](/usc/28/2341.md?p=2) resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the [district court](/usc/28/451.md), when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the [district court](/usc/28/451.md) is governed by the Federal Rules of Civil Procedure.
- (c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that—
  - (1) the additional evidence is material; and
  - (2) there were reasonable grounds for failure to adduce the evidence before the [agency](/usc/28/2341.md?p=3);

  the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the [agency](/usc/28/2341.md?p=3). The [agency](/usc/28/2341.md?p=3) may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order.


# §2348. Representation in proceeding; intervention


The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The [agency](/usc/28/2341.md?p=3), and any party in interest in the proceeding before the [agency](/usc/28/2341.md?p=3) whose interests will be affected if an order of the [agency](/usc/28/2341.md?p=3) is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the [agency](/usc/28/2341.md?p=3), may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.


# §2349. Jurisdiction of the proceeding

- (a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the [agency](/usc/28/2341.md?p=3).
- (b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the [agency](/usc/28/2341.md?p=3), but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the [petitioner](/usc/28/2341.md?p=2) makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 days’ notice of the hearing thereon shall be given to the [agency](/usc/28/2341.md?p=3) and to the Attorney General. In a case in which irreparable damage would otherwise result to the [petitioner](/usc/28/2341.md?p=2), the court of appeals may, on hearing, after reasonable notice to the [agency](/usc/28/2341.md?p=3) and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the [agency](/usc/28/2341.md?p=3) for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that irreparable damage would result to the [petitioner](/usc/28/2341.md?p=2) and specifying the nature of the damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application.

# §2350. Review in Supreme Court on certiorari or certification

- (a) An order granting or denying an interlocutory injunction under [section 2349(b) of this title](/usc/28/2349.md?p=b) and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by [section 1254(1) of this title](/usc/28/1254.md?p=1). Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the [agency](/usc/28/2341.md?p=3), or an aggrieved party may file a petition for a writ of certiorari.
- (b) The provisions of [section 1254(2) of this title](/usc/28/1254.md?p=2), regarding certification, and of [section 2101(f) of this title](/usc/28/2101.md?p=f), regarding stays, also apply to proceedings under this chapter.