7 U.S.C. § 7418 — Petition and review of orders
submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 375 words · no verdicts yet
A person subject to an order may petition the Secretary for a change or exemption and may seek court review of the Secretary’s final ruling. Filing a petition or court action does not pause enforcement.
(a) Petition. (1) A person* subject to an order* may petition the Secretary* stating that the order, a provision, or an obligation connected to it was not established according to law, and asking for a modification or exemption. (2) The Secretary must provide a hearing under the Secretary’s regulations. (3) After the hearing, the Secretary must rule; the ruling is final subject to subsection (b). (4) A challenge must be filed within two years after the challenged order, provision, or obligation took effect.
(b) Review. (1) A district court where the petitioner resides or does business may review the final ruling if a complaint is filed within 20 days after the Secretary enters it. (2) Process may be served on the Secretary by delivering a copy of the complaint. (3) If the ruling is unlawful, the court must send the matter back with directions to make a lawful ruling or take further action required by law.
(c) Effect on enforcement. A pending petition or court action does not stay enforcement authorized by section 7419, including enforcement of a rule, order, or penalty.
A person* subject to an order* issued under this subchapter 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 Secretary shall give the petitioner an 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. The ruling shall be final, subject to review as set forth in subsection (b).
Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
The district court of the United States* for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3).
Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
to make such ruling as the court determines to be in accordance with law; or
to take such further action as, in the opinion of the court, the law requires.
The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.
Source credit: (Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)
- 1996Enacted · Pub. L. 104-127 · 110 Stat. 1044
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.
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