§7806 — Title 7 Agriculture | U.S. Code

Summary

You can ask the Secretary to change or excuse an order if you think the order or any part of it is not legal. You must say why and ask for a modification or exemption. You will get a hearing under rules the Secretary sets. The hearing will be held in the federal court area where you live or where your main business is. After the hearing the Secretary will decide. The petition must be filed within 2 years after the order, part of the order, or requirement takes effect. If you lose with the Secretary, the U.S. district court where you live or do business can review that decision if you file a complaint within 20 days of the decision. Official court papers are served under the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, it will send the case back with directions for a lawful ruling or other action. Having these petitions or court cases going on does not stop the Attorney General or the Secretary from getting relief under section 7807.

Title 7, §7806

Agriculture — Source: USLM XML via OLRC

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

(A)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

(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. 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.

(3)After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.

(4)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.

(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 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.

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

(3)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—

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

(B)to take such further action as, in the opinion the court, the law requires.

(c)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.

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.

§7806 Petition and review

Summary

Title 7, §7806

Notes & Related Subsidiaries

Editorial Notes

References in Text

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