7 U.S.C. § 228b–3: Judicial review of order…

Summary

If the Secretary issues an order against a live poultry dealer, the dealer can ask the federal court of appeals for the circuit where the dealer’s main office is located to review it. The dealer must file a written petition with the court clerk within 30 days after being served. The court will require a bond in an amount it sets to cover costs if the court orders it. The court clerk must send the petition to the Secretary, and the Secretary must file the full case record with the court (under 28 U.S.C. 2112). The court can speed up the case. It may temporarily block the dealer and the dealer’s officers, agents, and employees from disobeying the Secretary’s order while the appeal is decided. The court will use the record as the case evidence and may uphold, change, or overturn the Secretary’s order. If more evidence is needed, the court can reopen the hearing and the Secretary can revise findings. The court’s decision acts as a binding court order, and it is final unless the Supreme Court agrees to review it within 60 days. The Supreme Court’s review does not automatically pause the court of appeals’ order unless the Supreme Court orders a stay.

Title 7, §228b–3

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(a)Finality of order unless appeal to court of appeals; time limit; bond

An order made under section 228b–2 of this title shall be final and conclusive unless within 30 days after service the live poultry dealer appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary’s order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such live poultry dealer will pay the costs of the proceedings if the court so directs.

(b)Notification of appeal to Secretary; filing of record with court

The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary.

(c)Issuance of temporary injunction

At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the live poultry dealer and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal.

(d)Evidence in record as evidence in case; expedited proceedings

The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way.

(e)Action by court

The court may affirm, modify, or set aside the order of the Secretary.

(f)Taking of additional evidence; modified or additional findings by Secretary

If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence.

(g)Affirmance or modification of order as injunction

If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the live poultry dealer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified.

(h)Exclusive jurisdiction of court of appeals; finality of decree; appeal to Supreme Court; stay of decree

The court of appeals shall have jurisdiction which upon the filing of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, if such writ is duly applied for within 60 days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the court of appeals, insofar as such decree operates as an injunction, unless so ordered by the Supreme Court.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as an

Effective Date

of 1987 Amendment note under section 182 of this title.

§228b–3 Judicial Review of Order Regarding Live Poultry Dealer

Summary

Title 7, §228b–3

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata