§4609 — Title 7 Agriculture | U.S. Code

Summary

A person who must follow an order can send a written petition to the Secretary saying the order (or part of it) is not legal and asking to change it or be excused from it. The petition must be filed within 2 years after either the order took effect or the person first became subject to it, whichever is later. The petitioner gets a chance for a hearing under rules the Secretary sets. After the hearing, the Secretary must decide. The decision is final if it follows the law. If the person wants more review, they can go to a federal district court where they live or do business. The court case must start within 20 days after the Secretary’s decision. To start the case, give the Secretary a copy of the complaint. If the court finds the Secretary’s decision was unlawful, it will send the matter back and tell the Secretary to issue a lawful decision or take more action. While these petitions are pending, the United States or the Secretary may still seek relief under section 4610.

Title 7, §4609

Agriculture — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary—

(A)that states 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)that requests—

(i)a modification of the order, provision, or obligation; or

(ii)to be exempted from the order, provision, or obligation.

(2)In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.

(3)After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.

(4)A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of—

(A)the effective date of the order, provision, or obligation challenged in the petition; or

(B)the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.

(b)The district courts of the United States in any district in which such person is an inhabitant, or carries on business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4610 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–185 added subsec. (a) and struck out former subsec. (a) which read as follows: “Any person subject to an order may file, within a period prescribed by the Secretary, a written petition with the Secretary, stating that such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and requesting a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with

Regulations

made by the Secretary. After such hearing, the Secretary shall make a ruling upon such petition which shall be final, if in accordance with law.”

§4609 Petition and review