7 U.S.C. § 6008 — Petition and review
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 295 words · no verdicts yet
This section lets a person covered by a pecan plan petition the Secretary and seek court review. It sets hearing, filing, remand, and enforcement rules.
(a) Petition
(1) In general A person* subject to a plan* issued under this chapter may file with the Secretary* a petition:
(A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not under law; and
(B) requesting a modification of the plan or an exemption from the plan.
(2) Hearings The petitioner must be given the opportunity for a hearing on the petition, on the record and under regulations issued by the Secretary.
(3) Ruling After that hearing, the Secretary must make a ruling on the petition, which must be final if under law.
(b) Review
(1) Commencement of action The district* courts of the United States* in any district in which a person who is a petitioner under subsection
(a) resides or carries on business are vested with jurisdiction to review the ruling on that person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection
(a).
(2) Process Service of process in that proceedings must be conducted under the Federal Rules of Civil Procedure.
(3) Remands If the court determines that that ruling is not under law, the court must remand the matter to the Secretary with directions either:
(A) to make that ruling as the court must determine to be under law; or
(B) to take that further proceedings as, in the opinion of the court, the law requires.
(4) Enforcement The pendency of proceedings instituted under subsection
(a) must not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title .
A person* subject to a plan* issued under this chapter may file with the Secretary* a petition—
stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and
requesting a modification of the plan or an exemption from the plan.
The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.
After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
The district* courts of the United States* in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
to make such ruling as the court shall determine to be in accordance with law; or
to take such further proceedings as, in the opinion of the court, the law requires.
The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.
Source credit: (Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3850
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
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