30 USC 816 - Judicial review of Commission orders

U.S Code last checked for updates: Aug 18, 2025

§ 816.

Judicial review of Commission orders

(a)

Petition by person adversely affected or aggrieved; temporary relief

(1)

Any person adversely affected or aggrieved by an order of the Commission issued under this chapter may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals for the District of Columbia Circuit, by filing in such court within 30 days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the rec

ord in the proceeding as provided in

(2)

In the case of a proceeding to review any order or decision issued by the Commission under this chapter, except an order or decision pertaining to an order issued under section 817(a) of this title or an order or decision pertaining to a citation issued under section 814(a) or (f) of this title, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if—

(A)

all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(B)

the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(C)

such relief will not adversely affect the health and safety of miners in the coal or other mine.

(3)

In the case of a proceeding to review any order or decision issued by the Panel under this chapter, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if—

(A)

all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; and

(B)

the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding.

(b)

Petition by Secretary for review or enforcement of final Commission orders

(c)

Stay of order or decision of Commission or Panel

(Pub. L. 91–173, title I, § 106, Dec. 30, 1969, 83 Stat. 754; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1306; Pub. L. 98–620, title IV, § 402(34), Nov. 8, 1984, 98 Stat. 3360.)

cite as: 30 USC 816