§136n — Title 7 Agriculture | U.S. Code

Summary

People can ask a federal court to review many final decisions by the agency head. If the agency refuses to cancel or suspend a registration, or to change a classification without a hearing, or takes other final actions that the law does not leave entirely to the agency’s choice, a U.S. district court can review those actions. If there is a real dispute about an order issued after a public hearing, anyone who was a party in the hearing and would be harmed by the order may file for review in the U.S. court of appeals where they live or do business. The petition must be filed within 60 days of the order. The court clerk sends a copy to the agency head, who must file the case record under section 2112 of title 28. That appeals court alone decides to keep or set aside the order. The court looks at all the evidence and will uphold the order if substantial evidence in the full record supports it. The court’s decision is final unless the Supreme Court reviews it under section 1254 of title 28. Filing for review does not automatically pause the order unless the court says so. District courts also have power to enforce and stop violations of this law. The agency head must publish notice of any judgments entered under this law.

Title 7, §136n

Agriculture — Source: USLM XML via OLRC

(a)Except as otherwise provided in this subchapter, the refusal of the Administrator to cancel or suspend a registration or to change a classification not following a hearing and other final actions of the Administrator not committed to the discretion of the Administrator by law are judicially reviewable by the district courts of the United States.

(b)In the case of actual controversy as to the validity of any order issued by the Administrator following a public hearing, any person who will be adversely affected by such order and who had been a party to the proceedings may obtain judicial review by filing in the United States court of appeals for the circuit wherein such person resides or has a place of business, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or any officer designated by the Administrator for that purpose, and thereupon the Administrator shall file in the court the record of the proceedings on which the Administrator based the Administrator’s order, as provided in section 2112 of title 28. Upon the filing of such petition the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part. The court shall consider all evidence of record. The order of the Administrator shall be sustained if it is supported by substantial evidence when considered on the record as a whole. The judgment of the court affirming or setting aside, in whole or in part, any order under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. The commencement of proceedings under this section shall not, unless specifically ordered by the court to the contrary, operate as a stay of an order.

(c)The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this subchapter.

(d)The Administrator shall, by publication in such manner as the Administrator may prescribe, give notice of all judgments entered in actions instituted under the authority of this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Subsec. (b). Pub. L. 102–237, § 1006(b)(1), (2), (3)(P), substituted “the Administrator” for “he” before “based”, “the Administrator’s” for “his”, and “the Administrator” for “him” after “designated by”. Subsec. (d). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “may”. 1988—Subsec. (a). Pub. L. 100–532 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as is otherwise provided in this subchapter, Agency refusals to cancel or suspend registrations or change classifications not following a hearing and other final Agency actions not committed to Agency discretion by law are judicially reviewable in the district courts.” 1984—Subsec. (b). Pub. L. 98–620 struck out provisions requiring the court to advance on the docket and expedite the disposition of all cases filed pursuant to this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an

Effective Date

note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Effective Date

For

Effective Date

of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.

§136n Administrative Procedure; Judicial Review

Summary

Title 7, §136n

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata