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LegalText 20 U.S.C. § 1070c3 Administration of State programs; judicial review us united_states_code code_section 20 EDUCATION 28 HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 1070c3 20 U.S.C. § 1070c3 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1070c3 data/legal/raw/us/code/title-20/usc20.xml 3baa411d94f224cd3e6af3614e348b92d2ac7cdce988688b09fdb3f71c6bf164 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 f7abe6c878eb2d8be4e1e368aebfdd4a18942478a1dbe093e419c89becdef5ee 2026-07-04 official
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20 U.S.C. § 1070c3 - Administration of State programs; judicial review

Text

(a) Disapproval of applications; suspension of eligibility (1) The Secretary shall not finally disapprove any application for a State program submitted under section 1070c2 of this title, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing.

(2) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds—

(A) that the State program has been so changed that it no longer complies with the provisions of this subpart, or

(B) that in the administration of the program there is a failure to comply substantially with any such provisions,

the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply.

(b) Review of decisions (1) If any State is dissatisfied with the Secretarys final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.

(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(3) The court shall have jurisdiction to affirm the action of the Secretary 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 title 28, section 1254.

(Pub. L. 89329, title IV, § 415D, as added Pub. L. 99498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1335.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1070c3, Pub. L. 89329, title IV, § 415D, as added Pub. L. 92318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 257; amended Pub. L. 96374, title XIII, § 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1503, related to administration of State programs and judicial review, prior to the general revision of this part by Pub. L. 99498.