7 U.S.C. § 3409: Petition and review

Summary

If someone is covered by an order, they can write to the Secretary saying the order, part of it, or any duty tied to it is not lawful and ask to change it or be excused. They must get a hearing under the Secretary’s rules, and the Secretary must decide. That decision is final if it follows the law. If still unhappy, the person can sue in the federal district court where they live or have their main business, but must file within twenty days of the decision and give the Secretary a copy of the complaint. If the court finds the decision unlawful, it sends the case back to the Secretary with instructions to make the lawful ruling the court describes or to take whatever further steps the court says the law requires.

Title 7, §3409

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(a)Petition; hearing; ruling

Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or for an exemption therefrom. The petitioner shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations issued by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

(b)Judicial review; jurisdiction; process; remand

The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering a copy of the complaint to the Secretary. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an

Effective Date

of 1977 Amendment note under section 1307 of this title.

§3409 Petition and Review

Summary

Title 7, §3409

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata