51 USC 50912: Administrative hearings and judicial review

51 USC 50912: Administrative hearings and judicial review Text contains those laws in effect on November 27, 2024

From Title 51-NATIONAL AND COMMERCIAL SPACE PROGRAMSSubtitle V-Programs Targeting Commercial OpportunitiesCHAPTER 509-COMMERCIAL SPACE LAUNCH ACTIVITIES

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§50912. 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 50905(a) or 50906 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 50904(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 50908(b) or (c) of this title to modify, suspend, or revoke a license; or

(B) section 50909(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.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335 , §70110 of title 49; Pub. L. 105–303, title I, §102(a)(10), Oct. 28, 1998, 112 Stat. 2849 ; Pub. L. 108–492, §2(c)(20), Dec. 23, 2004, 118 Stat. 3981 ; renumbered §70110 then §50912 of title 51 and amended Pub. L. 111–314, §4(d)(2), (3)(L), (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442 .)

Historical and Revision Notes
Revised Section	Source (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.

Editorial Notes

Amendments

2010-Pub. L. 111–314, §4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section.

Subsec. (a)(1). Pub. L. 111–314, §4(d)(5)(M), substituted "section 50905(a) or 50906" for "section 70105(a) or 70105a".

Subsec. (a)(2). Pub. L. 111–314, §4(d)(5)(N), substituted "section 50904(c)" for "section 70104(c)".

Subsec. (a)(3)(A). Pub. L. 111–314, §4(d)(5)(O), substituted "section 50908(b) or (c)" for "section 70107(b) or (c)".

Subsec. (a)(3)(B). Pub. L. 111–314, §4(d)(5)(P), substituted "section 50909(a)" for "section 70108(a)".

2004-Subsec. (a)(1). Pub. L. 108–492 inserted "or 70105a" after "70105(a)".

1998-Subsec. (a)(2). Pub. L. 105–303, §102(a)(10)(A), inserted "or reentry" after "prevent the launch".

Subsec. (a)(3)(B). Pub. L. 105–303, §102(a)(10)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site"