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7 U.S.C. § 6807 — Petition and review

submitted 33 years ago by Pub. L. 103-190 to r/title-7-AGRICULTURE · 348 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section concerns Petition and review. It sets out the rules, duties, permissions, limits, and exceptions stated in the section. (a) Petition and hearing (1) Petition A person subject to an order may file with the Secretary a petition—

(a) Petition and hearing (1) Petition A person subject to an order may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not under law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearing The petitioner must be given the opportunity for a hearing on a petition filed under paragraph (1), under regulations issued by the Secretary. Any such hearing must be conducted under section 6809(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located. (3) Ruling After a hearing under paragraph (2), the Secretary must make a ruling on the petition, which must be final if under 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 conducts business must have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed not later than 20 days after the date of the entry of the ruling by the Secretary. (2) Process Service of process in proceedings under this subsection must be conducted under the Federal Rules of Civil Procedure. (3) Remand If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not under law, the court must remand the matter to the Secretary with directions— (A) to make such ruling as the court must determine to be under law; or (B) to take such further action as, in the opinion of the court, the law requires. (c) Enforcement The pendency of proceedings instituted under this section must not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 6808 of this title .

the actual law source: uscode.house.gov ↗public domain
(a) Petition and hearing
(1) Petition

A person subject to an order may file with the Secretary a petition—

(A)

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

(B)

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

(2) Hearing

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. Any such hearing shall be conducted in accordance with section 6809(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.

(3) Ruling

After a hearing under paragraph (2), 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 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 not later than 20 days after the date of the entry of the ruling by the Secretary.

(2) Process

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

(3) Remand

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—

(A)

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

(B)

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

(c) Enforcement

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 6808 of this title.

Source credit: (Pub. L. 103–190, § 8, Dec. 14, 1993, 107 Stat. 2285.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-190 · 107 Stat. 2285

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-190 on 1993-12-14.

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