7 U.S.C. § 6008 — Petition and review

submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 295 words · no verdicts yet

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A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain

(a) Petition

(1) In general

A person subject to a plan issued under this chapter may file with the Secretary a petition—

(A)

stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and

(B)

requesting a modification of the plan or an exemption from the plan.

(2) Hearings

The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.

(3) Ruling

After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.

(b) Review

(1) Commencement of action

The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).

(2) Process

Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3) Remands

If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—

(A)

to make such ruling as the court shall determine to be in accordance with law; or

(B)

to take such further proceedings as, in the opinion of the court, the law requires.

(4) Enforcement

The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.

Source credit: (Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-624 · 104 Stat. 3850

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.

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