7 U.S.C. § 7486 — Petition and review

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 344 words · no verdicts yet

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A person covered by a marketing order can ask the Secretary of Agriculture to change or exempt them from it, and get a hearing. If they disagree with the Secretary's ruling, they can take the case to federal court.

(a) Petition (1) In general: Someone subject to an order can file a petition with the Secretary saying the order, or a duty under it, isn't lawful, and asking to change it or be excused from it. (2) Statute of limitations: A petition about a duty must be filed within 2 years after that duty was imposed. (3) Hearings: The person filing must get a chance for a hearing, following the Secretary's rules. (4) Ruling: After the hearing, the Secretary must issue a ruling. That ruling is final only if it follows the law. (b) Review (1) Commencement of action: The person can sue in the federal district court where they live or do business, but must file within 20 days of the Secretary's ruling. (2) Process: The complaint can be served on the Secretary by delivering a copy to the Secretary. (3) Remands: If the court finds the ruling didn't follow the law, it sends the case back to the Secretary with instructions to either (A) issue a ruling the court says is lawful, or (B) take further steps the court says the law requires. (c) Enforcement: Filing a petition doesn't stop the Secretary or the Attorney General from taking enforcement action under section 7487.

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

(a) Petition

(1) In general

A person subject to an order 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 obligation or an exemption from the order or obligation.

(2) Statute of limitations

A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation.

(3) 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.

(4) Ruling

After a hearing under paragraph (3), 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.

(b) Review

(1) Commencement of action

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 a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4).

(2) Process

Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary.

(3) Remands

If the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions—

(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.

The pendency of proceedings instituted under subsection (a) may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 7487 of this title.

Source credit: (Pub. L. 104–127, title V, § 577, Apr. 4, 1996, 110 Stat. 1082.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-127 · 110 Stat. 1082

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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