7 U.S.C. § 6410 — Petition and review
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 259 words · no verdicts yet
Petition and review. (a) Petition (1) In general A person subject to an order issued under this chapter may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established under law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearings... The section also states the procedures, limits, and exceptions that apply to these rules.
A person subject to an order issued under this chapter may file with the Secretary* a petition—
stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
requesting a modification of the order or an exemption from the order.
The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
After the 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 the 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.
Source credit: (Pub. L. 101–624, title XIX, § 1999K, Nov. 28, 1990, 104 Stat. 3921.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3921
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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