7 U.S.C. § 7467 — Petition and review

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 342 words · no verdicts yet

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Anyone bound by the kiwifruit order can petition the Secretary claiming it's unlawful and ask for a change or an exemption, and gets a hearing on that petition. If unhappy with the Secretary's ruling, they can sue in federal district court within 20 days, and the court can send the matter back to the Secretary if it disagrees with the ruling.

(a) Petition. (1) A person subject to the order can file a petition with the Secretary claiming that the order, part of it, or an obligation it imposes isn't lawful, and asking the Secretary to modify the order or exempt the person from it. (2) That person gets a chance for a hearing on the petition, following the Secretary's regulations. (3) After the hearing, the Secretary issues a ruling, which is final if it follows the law. (4) A petition challenging the order or an obligation under it must be filed within two years of the order's effective date or of when the obligation was imposed. (b) Review. (1) The federal district court where the petitioner lives or does business can review the Secretary's ruling, if a lawsuit is filed within 20 days of the ruling. (2) Service of the lawsuit follows the normal Federal Rules of Civil Procedure. (3) If the court decides the ruling wasn't lawful, it sends the matter back to the Secretary, directing the Secretary to either (A) make a ruling the court finds lawful, or (B) take whatever other action the law requires. (4) Even while this kind of petition case is pending, it doesn't stop the Attorney General or the Secretary from seeking enforcement under section 7468.

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

(a) Petition

(1) In general

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

(A)

stating that the order, a provision of the order, or an 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) Hearings

A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3) Ruling

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

(4) Limitation on petition

Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.

(b) Review

(1) Commencement of action

The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business is vested with 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 a ruling by the Secretary under subsection (a).

(2) Process

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

(3) Remands

If the court determines that the ruling 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.

(4) Enforcement

The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 of this title.

Source credit: (Pub. L. 104–127, title V, § 558, Apr. 4, 1996, 110 Stat. 1070.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-127 · 110 Stat. 1070

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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