16 U.S.C. § 4013 — Petitions
submitted 40 years ago by Pub. L. 99-659 to r/title-16-CONSERVATION · 149 words · no verdicts yet
This section lets a person subject to a fish-council assessment challenge the assessment, its underlying plan, or an obligation under the plan. It requires a written filing, an opportunity for a hearing, and a Secretary decision.
(a) Filing of petition. Anyone subject to a section 4012 assessment may file a written petition alleging that (1) the assessment, (2) the approved plan on which it is based, or (3) an obligation under the plan is unlawful, and may ask the Secretary to modify or otherwise act on the assessment or plan.
(b) Form of petition. The petition must be written and filed within the Secretary’s prescribed period. The filer must have an opportunity for a hearing under the Secretary’s regulations. After the hearing, or if none is requested, after considering all documents and other evidence, the Secretary must rule on the petition.
Any person subject to assessment under section 4012 of this title may file a written petition with the Secretary alleging that—
the assessment,
the plan approved under section 4011(a)(1) of this title on which the assessment is based, or
any obligation imposed under the plan,
is not in accordance with law and requesting the Secretary to modify or take other appropriate action regarding the assessment or plan.
Any such petition shall be in writing and filed within the period prescribed by the Secretary. A person who files a petition under this section shall be given an opportunity for a hearing regarding the petition in accordance with regulations issued by the Secretary. After such a hearing, or if no hearing is requested, after consideration of all documentation and other evidence, the Secretary shall make a ruling upon such petition.
Source credit: (Pub. L. 99–659, title II, § 214, Nov. 14, 1986, 100 Stat. 3728.)
- 1986Enacted · Pub. L. 99-659 · 100 Stat. 3728
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-659 on 1986-11-14.
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