§6008 — Title 7 Agriculture | U.S. Code

Summary

Anyone covered by a plan can ask the Secretary in writing to change the plan or excuse them from it if they say the plan, a part of it, or a duty tied to it does not follow the law. The person gets a hearing based on the official record and the Secretary’s rules. After the hearing, the Secretary decides. That decision stands if it follows the law. If unhappy, the person can ask a U.S. district court where they live or do business to review the Secretary’s decision, but must file within 20 days after the decision. Court papers are served under the Federal Rules of Civil Procedure. If the court finds the decision unlawful, it sends the matter back to the Secretary with instructions to issue a lawful decision or take more steps the court orders. Having a petition pending does not stop the Attorney General or the Secretary from acting under section 6009.

Title 7, §6008

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to a plan issued under this chapter may file with the Secretary a petition—

(A)stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and

(B)requesting a modification of the plan or an exemption from the plan.

(2)The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.

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

(b)(1)The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).

(2)Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—

(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.

(4)The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

§6008 Petition and review

Summary

Title 7, §6008

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata