7 U.S.C. § 4313 — Administrative and judicial review; procedures applicable
submitted 45 years ago by Pub. L. 97-98 to r/title-7-AGRICULTURE · 258 words · no verdicts yet
A person subject to an order may ask the Secretary to change or waive it and receive a hearing. The Secretary’s ruling may be reviewed in federal district court if challenged within 20 days.
(a) A person* subject to an order may file a written petition with the Secretary* saying the order, 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 rules. The Secretary’s ruling after the hearing is final if lawful.
(b) The district court where the person lives or does business may review the ruling if a complaint is filed within 20 days after entry. The complaint may be served on the Secretary by delivery. If the ruling is unlawful, the court must send the matter back and direct a lawful ruling or further proceedings required by law. A pending petition does not stop the United States* or Secretary from seeking relief under section 4314(a).
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. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations prescribed 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 carries on 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 the Secretary 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 4314(a) of this title.
Source credit: (Pub. L. 97–98, title XVII, § 1714, Dec. 22, 1981, 95 Stat. 1355.)
- 1981Enacted · Pub. L. 97-98 · 95 Stat. 1355
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-98 on 1981-12-22.
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