7 U.S.C. § 6306 — Petition and review
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 327 words · no verdicts yet
A person subject to a soybean order may petition the Secretary for a modification or exemption and may seek district-court review. Court proceedings do not stop enforcement action under section 6307.
(a) Petition. (1) A person* subject to an order* may petition the Secretary* stating that the order, a provision, or an obligation connected with it was not lawfully established, and requesting a modification or exemption. (2) The petitioner must receive a hearing opportunity under the Secretary's regulations. (3) After the hearing, the Secretary must rule on the petition. The ruling is final if it follows applicable law. (b) Review. (1) The district court where the petitioner lives or does business may review the ruling if the petitioner files a complaint within 20 days after the ruling is entered. (2) Service of process follows the Federal Rules of Civil Procedure. (3) If the court finds the ruling unlawful, it must send the matter back to the Secretary and direct the Secretary either: (A) to issue the ruling the court determines the law requires; or (B) to conduct further proceedings the court believes the law requires. (4) Pending proceedings under subsection (a) do not impede, hinder, or delay the Attorney General or Secretary from acting under section 6307.
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 petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.
The district court of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition of such person under such subsection, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under such subsection (a).
Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either—
to make such ruling as the court shall determine to be in accordance with law; or
to take such further proceedings as, in the opinion of the court, the law requires.
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 6307 of this title.
Source credit: (Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3900
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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