---
kind: "section"
citation: "28 U.S.C. § 2347"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2347"
heading: "Petitions to review; proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2347"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 158 — Orders of Federal Agencies; Review"
---

# §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](/usc/28/3002.md?p=2) 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](/usc/28/3002.md?p=2) of appeals shall determine whether a hearing is required by law. After that determination, the [court](/usc/28/3002.md?p=2) 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/28/3002.md?p=2) for the district 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/28/3002.md?p=2), 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/28/3002.md?p=2) is governed by the Federal Rules of Civil Procedure.
- (c) If a party to a proceeding to review applies to the [court](/usc/28/3002.md?p=2) of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the [court](/usc/28/3002.md?p=2) 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](/usc/28/3002.md?p=2) 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](/usc/28/3002.md?p=2) the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order.


## Source credit

(Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 623.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 1037. | Dec. 29, 1950, ch. 1189, § 7, 64 Stat. 1130. |
|  |  | Aug. 28, 1958, Pub. L. 85–791, § 31(b), 72 Stat. 951. |

The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28.

In subsection (a), the words “the petition” following “on a motion to dismiss” are omitted as unnecessary. The word “are” is substituted for “shall be”. The words “in fact” following “when the agency has” are omitted as unnecessary.

In subsection (b)(3), the words “United States” preceding “district court” are omitted as unnecessary because the term “district court” as used in title 28 means a United States district court. See section 451 of title 28, United States Code. The words “or any petitioner” are omitted as unnecessary in view of the definition of “petitioner” in section 2341 of this title. In the last sentence, the word “is” is substituted for “shall be”.

In subsection (c), the words “applies” and “shows” are substituted for “shall apply” and “shall show”, respectively.

### Editorial Notes

### References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.