15 U.S.C. § 3058: Review of final decisions of the Authority

If the Authority imposes a final civil sanction for a violation committed by a covered person pursuant to the rules or standards of the Authority, the Authority shall promptly submit to the Commission notice of the civil sanction in such form as the Commission may require. With respect to a final civil sanction imposed by the Authority, on application by the Commission or a person aggrieved by the civil sanction filed not later than 30 days after the date on which notice under subsection (a) is submitted, the civil sanction shall be subject to de novo review by an administrative law judge. a person has engaged in such acts or practices, or has omitted such acts or practices, as the Authority has found the person to have engaged in or omitted; such acts, practices, or omissions are in violation of this chapter or the anti-doping and medication control or racetrack safety rules approved by the Commission; or the final civil sanction of the Authority was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. An administrative law judge shall conduct a hearing under this subsection in such a manner as the Commission may specify by rule, which shall conform to section 556 of title 5 . shall render a decision not later than 60 days after the conclusion of the hearing; may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and may make any finding or conclusion that, in the judgment of the administrative law judge, is proper and based on the record. A decision under this paragraph shall constitute the decision of the Commission without further proceedings unless a notice or an application for review is timely filed under subsection (c). The Commission may, on its own motion, review any decision of an administrative law judge issued under subsection (b)(3) by providing written notice to the Authority and any interested party not later than 30 days after the date on which the administrative law judge issues the decision. The Authority or a person aggrieved by a decision issued under subsection (b)(3) may petition the Commission for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision. If an application for review under subparagraph (A) is denied, the decision of the administrative law judge shall constitute the decision of the Commission without further proceedings. A decision with respect to whether to grant an application for review under subparagraph (A) is subject to the discretion of the Commission. a prejudicial error was committed in the conduct of the proceeding; or an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the Commission; or an exercise of discretion or a decision of law or policy that warrants review by the Commission. affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administrative law judge; and make any finding or conclusion that, in the judgement of the Commission, is proper and based on the record. The Commission shall review de novo the factual findings and conclusions of law made by the administrative law judge. The Commission may, on its own motion, allow the consideration of additional evidence. such additional evidence is material; and there were reasonable grounds for failure to submit the evidence previously. accept or hear additional evidence; or remand the proceeding to the administrative law judge for the consideration of additional evidence. Review by an administrative law judge or the Commission under this section shall not operate as a stay of a final civil sanction of the Authority unless the administrative law judge or Commission orders such a stay.