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
A person subject to an order may petition the Secretary to change or exempt the person from the order, receive a hearing, and seek federal-court review of the Secretary’s ruling. The section also preserves the Attorney General’s and Secretary’s ability to obtain relief under section 7807 while a case is pending.
(a) Petition and hearing (1) Petition A person* subject to an order* may file a petition with the Secretary*—(A) stating that the order, a provision of it, or an obligation connected with it is unlawful; and (B) asking to modify the order or to receive an exemption from it. (2) Hearing The petitioner must have an opportunity for a hearing on a petition under paragraph (1), under the Secretary’s regulations. The hearing must follow section 7808(b)(2) of this title and take place in the United States* judicial district where the person lives or has its principal place of business. (3) Ruling After the hearing, the Secretary must rule on the petition. The ruling is final if it complies with the law. (4) Limitation A petition challenging an order, a provision, or an obligation connected with it must be filed within 2 years after the challenged order, provision, or obligation takes effect. (b) Review (1) Commencement of action A United States district court in any district where a petitioner under subsection (a) lives or conducts business has jurisdiction to review the Secretary’s ruling if the person files a complaint requesting review no later than 20 days after the Secretary enters the ruling. (2) Process Service of process in a proceeding under this subsection must follow the Federal Rules of Civil Procedure. (3) Remand If the court decides that the Secretary’s ruling is unlawful, it must send the matter back to the Secretary and direct the Secretary—(A) to make the ruling the court determines is lawful; or (B) to take whatever further action the court believes the law requires. (c) Enforcement While proceedings under this section are pending, they may not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 7807 of this title.
A person* subject to an order* 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 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 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.
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
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 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.
Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
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—
to make such ruling as the court shall determine to be in accordance with law; or
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.)
- 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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