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7 U.S.C. § 1365Institution of proceeding for court review of committee findings

submitted 88 years ago by ch. 30 to r/title-7-AGRICULTURE · 170 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets a dissatisfied farmer seek court review of a review committee’s determination. The farmer must act within 15 days after the mailed notice and must provide security for costs.

If a farmer is dissatisfied with the review committee’s determination, the farmer may, within 15 days after the notice is mailed by registered or certified mail, file an equity case against the committee in the United States district court. The farmer may instead begin review in a State court of record with general jurisdiction in the county or district where the farm is located. The farmer must post a bond, with an amount and surety acceptable to the court, to secure the United States for the proceeding’s costs. The complaint may be served by giving a copy to any committee member. The committee must then certify and file with the court the hearing record on which its determination was based, together with its factual findings.
the actual law source: uscode.house.gov ↗public domain

If the farmer is dissatisfied with the determination of the review committee, he may, within fifteen days after a notice of such determination is mailed to him by registered mail or by certified mail, file a bill in equity against the review committee as defendant in the United States district court, or institute proceedings for review in any court of record of the State having general jurisdiction, sitting in the county or the district in which his farm is located, for the purpose of obtaining a review of such determination. Bond shall be given in an amount and with surety satisfactory to the court to secure the United States for the costs of the proceeding. The bill of complaint in such proceeding may be served by delivering a copy thereof to any one of the members of the review committee. Thereupon the review committee shall certify and file in the court a transcript of the record upon which the determination complained of was made, together with its findings of fact.

Source credit: (Feb. 16, 1938, ch. 30, title III, § 365, 52 Stat. 63; Pub. L. 86–507, § 1(5), June 11, 1960, 74 Stat. 200.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of Feb. 16, 1938, ch. 30 · 52 Stat. 63
  • 1960Amended · Pub. L. 86-507 · 74 Stat. 200

A history note hasn’t been published yet. The record shows enactment by ch. 30 on 1938-02-16.

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