49 USC 70110 - Sec. 70110. Administrative hearings and judicial review

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(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 or reentry 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 or reentry site, or reentry of a reentry vehicle, 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.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at Large) Section

70110(a)(1) 49 App.:2611(a)(1) Oct. 30, 1984, Pub. L. (1st sentence). 98-575, Sec. 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.

AMENDMENTS 1998 - Subsec. (a)(2). Pub. L. 105-303, Sec. 102(a)(10)(A), inserted "or reentry" after "prevent the launch". Subsec. (a)(3)(B). Pub. L. 105-303, Sec. 102(a)(10)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site".

Section Referred To In Other Sections

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