7 U.S.C. § 7447 — Petition and review

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 362 words · no verdicts yet

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A person covered by an order can file a petition with the Secretary. They can argue the order is unlawful and ask for a change or an exemption. If they lose, they can sue in federal district court.

(a) Petition: (1) A person subject to an order issued under this subchapter can file a petition with the Secretary that (A) says the order, a part of it, or an obligation it creates isn't established according to law, and (B) asks the Secretary to modify the order or exempt the petitioner from it. (2) The petitioner gets a hearing on the petition, under regulations the Secretary issues. (3) After the hearing, the Secretary must rule on the petition; the ruling is final if it follows applicable law. (4) A petition challenging an order or an obligation imposed under it must be filed no later than 2 years after the order or obligation took effect. (b) Review: (1) The federal district court for any district where the petitioner lives or does business can review the Secretary's ruling, if the petitioner files a complaint no later than 20 days after the Secretary's ruling under (a)(3). (2) Serving the lawsuit follows the Federal Rules of Civil Procedure. (3) If the court decides the Secretary's ruling doesn't follow applicable law, it sends the matter back to the Secretary, directing the Secretary either (A) to make whatever ruling the court decides is lawful, or (B) to hold whatever further proceedings the court believes the law requires. (4) Filing a petition under (a) doesn't stop, delay, or hinder the Attorney General or the Secretary from taking enforcement action under section 7448 while the petition is pending.

the actual law source: uscode.house.gov ↗public domain

(a) Petition

(1) In general

A person subject to an order issued under this subchapter may file with the Secretary a petition—

(A)

stating that the order, a provision of the order, or an obligation imposed in connection with the order is not established in accordance with law; and

(B)

requesting a modification of the order or an exemption from the order.

(2) Hearings

The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.

(3) Ruling

After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.

(4) Limitation on petition

Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.

(b) Review

(1) Commencement of action

The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).

(2) Process

Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3) Remands

If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either—

(A)

to make such ruling as the court shall determine to be in accordance with law; or

(B)

to take such further proceedings as, in the opinion of the court, the law requires.

(4) Enforcement

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 7448 of this title.

Source credit: (Pub. L. 104–127, title V, § 538, Apr. 4, 1996, 110 Stat. 1060.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-127 · 110 Stat. 1060

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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