§4814 — Title 7 Agriculture | U.S. Code

Summary

A person under an order may file a petition with the Secretary saying the order (or a part of it) is illegal and asking for a change or an exemption. The person must be allowed a hearing under the Secretary’s rules, and after the hearing the Secretary will decide to grant or deny the petition. If the person is unhappy, a U.S. district court where they live or do business can review the Secretary’s decision if the person files a complaint within 20 days after getting notice. The complaint can be served by giving a copy to the Secretary. If the court finds the decision illegal, it will send the case back to the Secretary with instructions to fix the ruling or take whatever further steps the court orders.

Title 7, §4814

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to an order may file with the Secretary a petition—

(A)stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and

(B)requesting a modification of such order or an exemption from such order.

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

(3)After such hearing, the Secretary shall make a determination granting or denying such petition.

(b)(1)A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.

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

(3)If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—

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

(B)take such further proceedings as, in the opinion of the court, the law requires.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4814 Petition and review

Summary

Title 7, §4814

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata