§702. Right of review — Inbound Citations

Citations to 5 U.S.C. § 702 as a whole

• 5 U.S.C. § 5569(e)(1)

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  (1) Under regulations prescribed by the President, the benefits provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act, shall be provided in the case of any individual who is a captive.
• 5A U.S.C. Reorg. Plan No. 2 of 1966

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  Eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, as amended Pub. L. 90–83, § 10(c), Sept. 11, 1967, 81 Stat. 224
• 7 U.S.C. § 8401(e)(7)(A)(iii)

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  (iii) The decision of the Secretary in a review under clause (i) constitutes final agency action for purposes of section 702 of title 5.
• 21 U.S.C. § 334(h)(4)(A)

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  (A) With respect to an article of food ordered detained under paragraph (1), any person who would be entitled to be a claimant for such article if the article were seized under subsection (a) may appeal the order to the Secretary. Within five days after such an appeal is filed, the Secretary, after providing opportunity for an informal hearing, shall confirm or terminate the order involved, and such confirmation by the Secretary shall be considered a final agency action for purposes of section 702 of title 5. If during such five-day period the Secretary fails to provide such an opportunity, or to confirm or terminate such order, the order is deemed to be terminated.
• 21 U.S.C. § 1906(c)

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  (c) Any penalty imposed under subsection (b) shall be subject to judicial review only to the extent provided in section 702 of title 5.
• 28 U.S.C. § 2631(i)

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  (i) Any civil action of which the Court of International Trade has jurisdiction, other than an action specified in subsections (a)–(h) of this section, may be commenced in the court by any person adversely affected or aggrieved by agency action within the meaning of section 702 of title 5.
• 42 U.S.C. § 262a(e)(7)(A)(iii)

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  (iii) The decision of the Secretary in a review under clause (i) constitutes final agency action for purposes of section 702 of title 5.
• 43 U.S.C. § 1337(a)(3)(C)(ii)

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  (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increased technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400–800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary’s determination or redetermination shall be judicially reviewable under section 702 of title 5, only for actions filed within 30 days of the Secretary’s determination or redetermination.
• 49 U.S.C. § 5323(j)(11)

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  (11) A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.
• 49 U.S.C. § 22905(a)(10)

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  (10) A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.
• 49 U.S.C. § 45301(b)(3)

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  (3) Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review:

  (A) The establishment or adjustment of a fee by the Administrator under this section.

  (B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination.

  (C) An allocation of costs by the Administrator under paragraph (1) to services provided, and the processes and procedures applied by the Administrator when establishing such allocation.
• 50 U.S.C. § 4315(b)(4)

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  (4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.