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7 U.S.C. § 3409 — Petition and review

submitted 49 years ago by Pub. L. 95-113 to r/title-7-AGRICULTURE · 234 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person subject to an order may petition the Secretary for a change or exemption and receive a hearing. 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 file a written petition with the Secretary saying that the order, part of it, or an obligation connected with it is unlawful and asking for a change or exemption. The petitioner must receive a hearing under the Secretary’s regulations. After the hearing, the Secretary must rule on the request; the ruling is final if lawful. (b) The United States district court where the person lives or has the main business has jurisdiction to review the ruling if a complaint is filed within 20 days after the ruling is entered. The complaint may be served on the Secretary by delivery. If the ruling is unlawful, the court must send the matter back with directions either to make the ruling the court says the law requires or to take further proceedings the law requires.

the actual law source: uscode.house.gov ↗public domain
(a) Petition; hearing; ruling

Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or for an exemption therefrom. The petitioner shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations issued 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; process; remand

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 a copy of the complaint to the Secretary. 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.

Source credit: (Pub. L. 95–113, title XVII, § 1710, Sept. 29, 1977, 91 Stat. 1037.)

history & why it existsrecord from the source credit
  • 1977Enacted · Pub. L. 95-113 · 91 Stat. 1037

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-113 on 1977-09-29.

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