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The petitioner shall attach to the petition, as exhibits, copies of the
order, report, or decision of the agency. The clerk shall serve a true
copy of the petition on the agency and on the Attorney General by
registered mail, with request for a return receipt.
§ 2345. Prehearing conference

The court of appeals may hold a prehearing conference or di-
rect a judge of the court to hold a prehearing conference.
$ 2346. Certification of record on review

Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by section 2112 of this title. $ 2347. Petitions to review; proceedings

(a) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law.

(b) When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall

(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law;

(2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or

(3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure.

(c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that

(1) the additional evidence is material; and

(2) there were reasonable grounds for failure to adduce the evidence before the agency; the court may order the additional evidence and any counter-evidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order. § 2348. Representation in proceeding; intervention

The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this

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chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General. $ 2349. Jurisdiction of the proceeding

(a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency.

(b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the petitioner makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 days' notice of the hearing thereon shall be given to the agency and to the Attorney General. In a case in which irreparable damage would otherwise result to the petitioner, the court of appeals may, on hearing, after reasonable notice to the agency and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that irreparable damage would result to the petitioner and specifying the nature of the damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application. $ 2350. Review in Supreme Court on certiorari or certifi

cation (a) An order granting or denying an interlocutory injunction under section 2349(b) of this title and final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.

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(b) The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter. § 2351. Enforcement of orders by district courts

The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order issued under section 193 of title 7.

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TELECOMMUNICATIONS ACCESSIBILITY

ENHANCEMENT ACT OF 1988

[Public Law 100–542, Approved October 28, 1988) AN ACT To expand our national telecommunications system for the benefit of the

hearing-impaired and speech-impaired populations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (40 U.S.C. 762 note) SHORT TITLE.

This Act may be cited as the “Telecommunications Accessibility Enhancement Act of 1988”. SEC. 2. (40 U.S.C. 762) DEFINITIONS. As used in this Act

(1) The term “TDD” means a Telecommunications Device for the Deaf, a machine which employs graphic communications in the transmission of coded signals through the nationwide telecommunications system.

(2) The term “Federal agency” has the meaning given such term by section 3(b) of the Federal Property and Administra

tive Services Act of 1949 (40 U.S.C. 472(b)). SEC. 3. (40 U.S.C. 762a) FEDERAL TELECOMMUNICATIONS SYSTEM RE.

QUIREMENTS. (a) ACCESSIBILITY OF TELECOMMUNICATIONS SYSTEMS.—The Administrator of General Services, after consultation with the Architectural and Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected Federal agencies, shall, by regulation, take such actions in accordance with this section as may be necessary to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals, including Federal employees, for communications with and within Federal agencies.

(b) SPECIFIC REQUIREMENT.-In carrying out subsection (a), the Administrator shall

(1) provide for the continuation of the existing Federal relay system for users of TDD's;

(2) within 90 days after the date of enactment of this Act, expand such relay system by employing at least one additional operator; (3) within 180 days after such date of enactment

(A) conduct, as part of the rulemaking proceeding required by subsection (a), an analysis of modifications to the Federal telecommunications system that the Administrator, in his discretion, determines to be necessary to

achieve the objectives of subsection (a); and

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(B) submit a report on the results of such analysis to each House of the Congress;

(4) within 180 days after completion of such analysis, prescribe the regulations required by subsection (a);

(5) assemble, publish, and maintain a directory of TDD and other devices used by Federal agencies to comply with such regulations, and publish, in Federal agency directories, access numbers of TDD's and such other devices; and

(6) after consultation with the Architectural and Transportation Barriers Compliance Board, adopt the design of a standard logo to signify the presence of a TDD or other device used by a Federal agency to comply with such regulations.

(c) CONGRESSIONAL OVERSIGHT.—The Administrator shall not prescribe the regulation required by subsection (a) before the end of the 90-day period beginning on the date the Administrator submits the report required by subsection (b)(3)(B). SEC. 4. (40 U.S.C. 762b) ADDITIONAL REQUIREMENTS.

(a) SUPPORT FOR RESEARCH.—The Administrator shall, in consultation with the Federal Communications Commission, seek to promote research by Federal agencies, State agencies, and private entities to reduce the cost and improve the capabilities of telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals. (b) PLANNING TO ASSIMILATE

ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—The Administrator, in planning future alterations to and modifications of the Federal telecommunications system, shall take into account results of the analysis required by section 3(b)(3) and any technological improvements in telecommunications devices and systems that provide accessibility to hearing-impaired and speechimpaired individuals. SEC. 5. (40 U.S.C. 762c] INQUIRY REGARDING INTERSTATE TDD RELAY

SYSTEM. The Federal Communications Commission shall, within 9 months after the date of enactment of this Act, complete its existing inquiry regarding an interstate relay system for users of TDD's. SEC. 6. (40 U.S.C. 762d] TDD INSTALLATION BY CONGRESS.

As soon as practicable, each House of the Congress shall establish a policy under which Members of the House of Representatives and the Senate, as the case may be, may obtain TDD's for use in communicating with hearing-impaired and speech-impaired individuals, and for the use of hearing-impaired and speech-impaired employees.

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