7 U.S.C. § 7806 — Petition and review

submitted 26 years ago by Pub. L. 106-387 to r/title-7-AGRICULTURE · 394 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone bound by a Hass avocado order can petition the Secretary, arguing the order is unlawful, and ask for a change or exemption. After a hearing, the Secretary rules on the petition. The petitioner can then ask a federal court to review that ruling within 20 days.

(a) Filing a petition. (1) A person bound by an order can file a petition with the Secretary claiming that the order, part of it, or a duty it creates, isn't lawful, and asking the Secretary to change the order or exempt them from it. (2) The petitioner gets a hearing, run under the Secretary's regulations, held in the federal judicial district where the petitioner lives or does business — following the hearing procedure in section 7808(b)(2). (3) After the hearing, the Secretary rules on the petition; that ruling is final if it follows the law. (4) A petition challenging the order must be filed within 2 years after the order, provision, or duty being challenged took effect. (b) Getting court review. (1) A federal district court where the petitioner lives or does business can review the Secretary's ruling, if the petitioner files a complaint asking for review within 20 days after the ruling. (2) Papers are served following the Federal Rules of Civil Procedure. (3) If the court decides the Secretary's ruling wasn't lawful, it sends the matter back to the Secretary with instructions either (A) to issue a lawful ruling, or (B) to take whatever other action the court says the law requires. (c) Enforcement isn't paused. Filing one of these petitions doesn't stop, delay, or get in the way of the Attorney General or the Secretary getting relief under section 7807.

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

(a) Petition and hearing

(1) Petition

A person subject to an order 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 in accordance with law; and

(B)

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

(2) Hearing

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. Any such hearing shall be conducted in accordance with section 7808(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.

(3) Ruling

After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.

(4) Limitation

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.

(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 conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary.

(2) Process

Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3) Remand

If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with 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 action as, in the opinion the court, the law requires.

The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 7807 of this title.

Source credit: (Pub. L. 106–387, § 1(a) [title XII, § 1207], Oct. 28, 2000, 114 Stat. 1549, 1549A–92.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-387 · 114 Stat. 1549, 1549

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-387 on 2000-10-28.

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