15 U.S.C. § 8707 — Petition and review
submitted 8 years ago by Pub. L. 115-254 to r/title-15-COMMERCE-AND-TRADE · 365 words · no verdicts yet
This section lets a person subject to an order petition the Secretary and seek court review, without delaying enforcement.
(a)(1) A person* subject to an order* may petition the Secretary*, state that the order, a provision, or an obligation connected to it was not lawfully established, and request a modification or exemption. (2) The Secretary must provide a regulatory hearing. (3) Afterward the Secretary must rule; the ruling is final subject to subsection (b). (4) A challenge must be filed at least two years after the challenged order, provision, or obligation took effect.
(b)(1) A district court where the petitioner lives or does business may review the ruling if the complaint is filed within 30 days after entry. (2) Service follows the Federal Rules of Civil Procedure. (3) If the ruling is unlawful, the court must remand with directions to issue a lawful ruling or take other action the law requires.
(c) A pending proceeding does not stop or delay the Attorney General or Secretary from seeking relief under section 8708.
A person* subject to an order* issued under this chapter may file with the Secretary* a petition—
stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and
requesting a modification of the order or an exemption from the order.
The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b).
Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not less than 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
The district courts of the United States* in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 30 days after the date of the entry of the ruling by the Secretary.
Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions—
to make such ruling as the court shall determine to be in accordance with law; or
to take such further action as, in the opinion of the court, the law requires.
The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 8708 of this title.
Source credit: (Pub. L. 115–254, div. E, § 1308, Oct. 5, 2018, 132 Stat. 3480.)
- 2018Enacted · Pub. L. 115-254 · 132 Stat. 3480
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.
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