49 U.S.C.
United States Code, 2009 Edition
Title 49 - TRANSPORTATION
SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701 - COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70110 - Administrative hearings and judicial review
From the U.S. Government Publishing Office, www.gpo.gov

§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) or 70105a 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.

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

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.

Amendments

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”.