---
kind: "section"
citation: "42 U.S.C. § 6869"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6869"
heading: "Judicial review of final action by Secretary on application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6869"
units:
  - "Chapter 81 — Energy Conservation and Resource Renewal"
  - "Subchapter III — Energy Conservation and Renewable-Resource Assistance for Existing Buildings"
  - "Part A — Weatherization Assistance for Low-Income Persons"
---

# §6869. Judicial review of final action by Secretary on application

- (a) **Time for appeal; jurisdiction; filing of administrative record by Secretary—** If any applicant is dissatisfied with the [Secretary](/usc/42/6802.md?p=1)’s final action with respect to the application submitted by it under [section 6864 of this title](/usc/42/6864.md) or with a final action under [section 6868 of this title](/usc/42/6868.md), such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the [State](/usc/42/6802.md?p=6) involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the [Secretary](/usc/42/6802.md?p=1). The [Secretary](/usc/42/6802.md?p=1) thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](/usc/28/2112.md).
- (b) **Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record—** The findings of fact by the [Secretary](/usc/42/6802.md?p=1), if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the [Secretary](/usc/42/6802.md?p=1) to take further evidence, and the [Secretary](/usc/42/6802.md?p=1) may thereupon make new or modified findings of fact and may modify his previous action. The [Secretary](/usc/42/6802.md?p=1) shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
- (c) **Power of court to affirm or set aside action of Secretary; appeal to Supreme Court—** The court shall have jurisdiction to affirm the action of the [Secretary](/usc/42/6802.md?p=1) or to set it aside, in whole or in part. The judgment of the court shall be 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).

## Source credit

(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)

## Notes

### Editorial Notes

### Amendments

1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.