---
kind: "section"
citation: "42 U.S.C. § 15028"
title: "42"
title_heading: "The Public Health and Welfare"
number: "15028"
heading: "Appeals by States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/15028"
units:
  - "Chapter 144 — Developmental Disabilities Assistance and Bill of Rights"
  - "Subchapter I — Programs for Individuals with Developmental Disabilities"
  - "Part B — Federal Assistance to State Councils on Developmental Disabilities"
---

# §15028. Appeals by States

- (a) **Appeal—** If any [State](/usc/42/15092.md?p=a-5) is dissatisfied with the [Secretary](/usc/42/15092.md?p=a-4)’s action under section [15024(d)(3)](/usc/42/15024.md?p=d-3) or [15027](/usc/42/15027.md) of this title, such [State](/usc/42/15092.md?p=a-5) may appeal to the United States court of appeals for the circuit in which such [State](/usc/42/15092.md?p=a-5) is located, by filing a petition with such court not later than 60 days after such action.
- (b) **Filing—** The clerk of the court shall transmit promptly a copy of the petition to the [Secretary](/usc/42/15092.md?p=a-4), or any officer designated by the [Secretary](/usc/42/15092.md?p=a-4) for that purpose. The [Secretary](/usc/42/15092.md?p=a-4) shall file promptly with the court the record of the proceedings on which the [Secretary](/usc/42/15092.md?p=a-4) based the action, as provided in [section 2112 of title 28](/usc/28/2112.md).
- (c) **Jurisdiction—** Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the [Secretary](/usc/42/15092.md?p=a-4) or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the [Secretary](/usc/42/15092.md?p=a-4) may modify or set aside the order of the [Secretary](/usc/42/15092.md?p=a-4) relating to the action.
- (d) **Findings and remand—** The findings of the [Secretary](/usc/42/15092.md?p=a-4) about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the [Secretary](/usc/42/15092.md?p=a-4) for further proceedings to take further evidence. On remand, the [Secretary](/usc/42/15092.md?p=a-4) may make new or modified findings of fact and may modify the previous action of the [Secretary](/usc/42/15092.md?p=a-4), and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
- (e) **Finality—** The judgment of the court affirming or setting aside, in whole or in part, any action of the [Secretary](/usc/42/15092.md?p=a-4) shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](/usc/28/1254.md).
- (f) **Effect—** The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the [Secretary](/usc/42/15092.md?p=a-4)’s action.

## Source credit

(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.)