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7 U.S.C. § 2620Procedural rights of persons subject to plan

submitted 55 years ago by Pub. L. 91-670 to r/title-7-AGRICULTURE · 277 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person subject to a plan may petition the Secretary for a change or exemption and receive a hearing. The person may seek court review within 20 days, but the pending petition does not delay government enforcement relief.

(a) Administrative proceedings. A person subject to a plan may submit a written petition to the Secretary saying that the plan, a provision, or an obligation connected with it is unlawful and asking for a change or exemption. The person must receive a hearing under the Secretary’s regulations. After the hearing, the Secretary must rule on the request. The ruling is final if it follows the law. (b) Judicial review. A United States district court in the district where the person lives or has a principal place of business has jurisdiction to review the ruling, but the complaint must be filed within 20 days after the ruling is entered. Process may be served on the Secretary by delivering a copy of the complaint. If the court finds the ruling unlawful, it must send the matter back to the Secretary and direct the Secretary either (1) to issue the ruling the court determines is lawful, or (2) to take further proceedings the court believes the law requires. A pending proceeding under (a) does not impede, hinder, or delay the United States or Secretary from obtaining relief under section 2621(a).
the actual law source: uscode.house.gov ↗public domain
(a) Administrative proceedings; petition; hearing; finality of ruling

Any person subject to a plan may file a written petition with the Secretary, stating that such plan or any provision of such plan or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

(b) Judicial review; jurisdiction; complaint; remand; relief during pendency of proceedings

The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling: Provided, That a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to him a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 2621(a) of this title.

Source credit: (Pub. L. 91–670, title III, § 311, Jan. 11, 1971, 84 Stat. 2045.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-670 · 84 Stat. 2045

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-670 on 1971-01-11.

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