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7 U.S.C. § 1366Court review

submitted 88 years ago by ch. 30 to r/title-7-AGRICULTURE · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section limits court review of a review committee’s determination. Courts review legal questions, while supported factual findings are conclusive, subject to a limited process for material new evidence.

The court’s review is limited to legal questions. The review committee’s factual findings are conclusive if supported by evidence. If a party asks to present additional evidence and shows that it is material and that reasonable grounds prevented presenting it at the committee hearing, the court may order the evidence taken before the committee under proper terms. The committee may change its findings or determination because of that evidence and must file the changed findings or determination with the court; the changed factual findings are conclusive. The court decides the case from the original committee record and any properly added record. It must affirm the original or changed determination if it follows the law. If not, it must send the case back to the committee with instructions either to make the legally proper determination or to conduct proceedings the court says the law requires.
the actual law source: uscode.house.gov ↗public domain

The review by the court shall be limited to questions of law, and the findings of fact by the review committee, if supported by evidence shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the review committee, the court may direct such additional evidence to be taken before the review committee in such manner and upon such terms and conditions as to the court may seem proper. The review committee may modify its findings of fact or its determination by reason of the additional evidence so taken, and it shall file with the court such modified findings or determination, which findings of fact shall be conclusive. The court shall hear and determine the case upon the original record of the hearing before the review committee, and upon such record as supplemented if supplemented, by further hearing before the review committee pursuant to direction of the court. The court shall affirm the review committee’s determination, or modified determination, if the court determines that the same is in accordance with law. If the court determines that such determination or modified determination is not in accordance with law, the court shall remand the proceeding to the review committee with direction either to make such determination as the court shall determine to be in accordance with law or to take such further proceedings as, in the court’s opinion, the law requires.

Source credit: (Feb. 16, 1938, ch. 30, title III, § 366, 52 Stat. 63; Pub. L. 98–620, title IV, § 402(6), Nov. 8, 1984, 98 Stat. 3357.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of Feb. 16, 1938, ch. 30 · 52 Stat. 63
  • 1984Amended · Pub. L. 98-620 · 98 Stat. 3357

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

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