7 U.S.C. § 2713 — Administrative review of orders; petition; hearing; judicial review
submitted 52 years ago by Pub. L. 93-428 to r/title-7-AGRICULTURE · 259 words · no verdicts yet
A person subject to an order may petition the Secretary for a hearing, arguing that the order or its obligations are unlawful and asking for a change or exemption. A United States district court may review the Secretary’s ruling if a complaint is filed within 20 days.
(a) A person* subject to an order may submit a written petition to the Secretary*. The petition may say that the order, part of it, or an obligation connected with it is not lawful, and may ask to have it changed or to be exempted. The person must then receive an opportunity for a hearing under the Secretary’s regulations. After the hearing, the Secretary must rule on the request. The ruling is final if it complies with the law.
(b) The United States* district court in any district where the person lives or has the person’s main place of business has jurisdiction to review the ruling, if the person files a complaint for that purpose within 20 days after the ruling is entered. Process may be served on the Secretary by delivering a copy of the complaint to the Secretary. If the court decides the ruling is unlawful, it must send the matter back to the Secretary and direct the Secretary either to make the ruling the court determines is lawful or to take the further steps the court believes the law requires. A proceeding under subsection (a) does not stop, hinder, or delay the United States or the Secretary from seeking relief under section 2714(a) of this title.
Any person* subject to any order may file a written petition with the Secretary*, stating that any such order or any provisions of such order or any obligations 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.
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 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 2714(a) of this title.
Source credit: (Pub. L. 93–428, § 14, Oct. 1, 1974, 88 Stat. 1177.)
- 1974Enacted · Pub. L. 93-428 · 88 Stat. 1177
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-428 on 1974-10-01.
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