7 U.S.C. § 7106 — Petition and review
submitted 32 years ago by Pub. L. 103-407 to r/title-7-AGRICULTURE · 286 words · no verdicts yet
This section addresses petition and review. (a) Petition (1) In general A person subject to an order issued under this chapter 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 established under law; and (B) requesting a modification of the order or an exemption from the order.
(a) Petition
(1) In general A person* subject to an order* issued under this chapter 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 established under law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings The petitioner must be given an opportunity for a hearing on the petition, under regulations issued by the Secretary.
(3) Ruling After the hearing, the Secretary must make a ruling on the petition. The ruling must be final if the ruling is under law.
(b) Review
(1) Commencement of action The district court of the United States* for any district in which a person who is a petitioner under subsection (a) resides or carries on business must have jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the ruling by the Secretary under subsection (a)(3).
(2) Process Service of process in a proceeding may be conducted on the Secretary by delivering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process.
(3) Remands If the court determines that the ruling 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.
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 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 if the ruling is in accordance with law.
The district court of the United States* for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the ruling by the Secretary under subsection (a)(3).
Service of process in a proceeding may be conducted on the Secretary by delivering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process.
If the court determines that the ruling 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.
Source credit: (Pub. L. 103–407, § 7, Oct. 22, 1994, 108 Stat. 4224.)
- 1994Enacted · Pub. L. 103-407 · 108 Stat. 4224
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-407 on 1994-10-22.
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