Review of Petition to Modify or Set Aside a Directive

(a) Initial Review Pursuant to 50 U.S.C. § 1881a(h)(4)(D). (1) A Judge must conduct an initial review of a petition to modify or set aside a directive within five days after being assigned such petition. (2) If the Judge determines that the provider's claims, defenses, or other legal contentions are not warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the Judge must promptly deny such petition, affirm the directive, and order the provider to comply with the directive. Upon making such determination or promptly thereafter, the Judge must provide a written statement of reasons. The Clerk must transmit the ruling and statement of reasons to the provider and the government. (b) Plenary Review Pursuant to 50 U.S.C. § 1881a(h)(4)(E). (1) If the Judge determines that the petition requires plenary review, the Court must promptly notify the parties. The Judge must provide a written statement of reasons for the determination. (2) The Judge must affirm, modify, or set aside the directive that is the subject of the petition within the time permitted under 50 U.S.C. §§ 1881a(h)(4)(E) and 1881 aG)(2). (3) The Judge may hold a hearing or conduct proceedings solely on the papers filed by the provider and the government. (c) Burden. Pursuant to 50 U.S.C. § 188la(h)(4)(C), a Judge may grant the petition only if the Judge finds that the challenged directive does not meet the requirements of 50 U.S.C. § 188 la or is otherwise unlawful. (d) Continued Effect. Pursuant to 50 U.S.C. § 1881a(h)(4)(F), any directive not explicitly modified or set aside by the Judge remains in full effect.