§7447 — Title 7 Agriculture | U.S. Code

Summary

If a person is covered by an order, they can file a petition with the Secretary saying the order or something required by it is not lawful and asking for a change or an exemption. The person must be given a hearing under rules the Secretary sets. After the hearing, the Secretary will make a ruling that is final if it follows the law. Petitions must be filed within 2 years after the order starts or the requirement is imposed. A U.S. district court where the person lives or does business can review the Secretary’s ruling if the person files a complaint within 20 days of that ruling. Court papers follow the Federal Rules of Civil Procedure. If the court finds the ruling unlawful, it will send the case back to the Secretary with directions to issue a lawful ruling or take further proceedings. Challenging the order does not stop the Attorney General or Secretary from acting under section 7448 of this title.

Title 7, §7447

Agriculture — Source: USLM XML via OLRC

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

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

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

(2)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.

(3)After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.

(4)Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.

(b)(1)The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).

(2)Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable 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 7448 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.

§7447 Petition and review

Summary

Title 7, §7447

Notes & Related Subsidiaries

Editorial Notes

References in Text

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