49 USC 70110: Administrative hearings and judicial review
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49 USC 70110: Administrative hearings and judicial review Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE IX-COMMERCIAL SPACE TRANSPORTATIONCHAPTER 701-COMMERCIAL SPACE LAUNCH ACTIVITIES
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§70110. Administrative hearings and judicial review

(a) Administrative Hearings.-The Secretary of Transportation shall provide an opportunity for a hearing on the record to-

(1) an applicant under this chapter, for a decision of the Secretary under section 70105(a) of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;

(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 70104(c) of this title to prevent the launch of the payload; and

(3) a licensee under this chapter, for a decision of the Secretary under-

(A) section 70107 (b) or (c) of this title to modify, suspend, or revoke a license; or

(B) section 70108(a) of this title to prohibit, suspend, or end a launch or operation of a launch site licensed by the Secretary.


(b) Judicial Review.-A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
70110(a)(1) 49 App.:2611(a)(1) (1st sentence). Oct. 30, 1984, Pub. L. 98–575, §12, 98 Stat. 3060 .
70110(a)(2) 49 App.:2611(a)(1) (last sentence).
70110(a)(3) 49 App.:2611(a)(2).
70110(b) 49 App.:2611(b).

In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with section 554 of title 5" are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words "and a proposed transferee of a license" are omitted as being included in "applicant".

In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.

Section Referred to in Other Sections

This section is referred to in sections 70107, 70108 of this title.