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Title 7 — AgricultureRelease 119-73not60

§1359ii Appeals

Title 7 › Chapter 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part B— Marketing Quotas › Subpart vii— flexible marketing allotments for sugar › § 1359ii

Last updated Apr 3, 2026|Official source

Summary

You can appeal to the Secretary if a decision that sets marketing allotments or similar rulings hurts you. To appeal, file a written notice and a short statement of why you object with the Secretary within 20 days after the decision takes effect. If the Secretary did not pick a later effective date, the decision is effective on the day it was announced. The Secretary must give a copy of your appeal to others the records show are harmed and let them read and copy your reasons and join the appeal if they ask. You must be offered a hearing before an administrative law judge (a judge who handles government hearings). The Commodity Credit Corporation will pay the hearing costs.

Full Legal Text

Title 7, §1359ii

Agriculture — Source: USLM XML via OLRC

(a)An appeal may be taken to the Secretary from any decision under section 1359dd of this title establishing allocations of marketing allotments, or under section 1359ff or 1359gg(d) of this title, by any person adversely affected by reason of any such decision.
(b)(1)Any such appeal shall be taken by filing with the Secretary, within 20 days after the decision complained of is effective, notice in writing of the appeal and a statement of the reasons therefor. Unless a later date is specified by the Secretary as part of the Secretary’s decision, the decision complained of shall be considered to be effective as of the date on which announcement of the decision is made. The Secretary shall deliver a copy of any notice of appeal to each person shown by the records of the Secretary to be adversely affected by reason of the decision appealed, and shall at all times thereafter permit any such person to inspect and make copies of appellant’s reasons for the appeal and shall on application permit the person to intervene in the appeal.
(2)The Secretary shall provide each appellant an opportunity for a hearing before an administrative law judge in accordance with section 554 and 556 of title 5. The expenses for conducting the hearing shall be reimbursed by the Commodity Credit Corporation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 1359ii, act Feb. 16, 1938, ch. 30, title III, § 359i, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3487; amended Pub. L. 102–237, title I, § 111(k), Dec. 13, 1991, 105 Stat. 1836, related to appeals, prior to the general amendment of this subpart by Pub. L. 107–171.

Amendments

2008—Subsec. (a). Pub. L. 110–246, § 1403(h)(1), inserted “or 1359gg(d)” after “1359ff”. Subsec. (c). Pub. L. 110–246, § 1403(h)(2), struck out subsec. (c) which related to special appeal process regarding beet sugar allocations.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1359ii

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60