PRIA, Government Policy, Made Personal

Summary

Someone who is under an order can send a written petition to the Secretary saying the order (or any part of it) is not lawful and asking the Secretary to change it or excuse them from it. The petitioner must be given a chance for a hearing under rules the Secretary makes. The Secretary will decide after the hearing, and that decision is final if it follows the law. The petition must be filed no later than 2 years after the later of the order’s effective date or the date the person became subject to the order. If unhappy with the Secretary’s decision, the person can sue in a federal district court where they live or do business. They must file the complaint within 20 days of the decision and can serve the Secretary by giving a copy of the complaint. If the court finds the decision unlawful, it will send the case back and tell the Secretary either to issue the lawful decision the court directs or to take other steps the court requires. Having a petition pending does not stop the United States or the Secretary from seeking relief under section 4610.

Title 7, §4609

Agriculture, Source: USLM XML via OLRC

(a)Filing of petition; hearing

(1)In general

Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary—

(A)that states 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)that requests—

(i)a modification of the order, provision, or obligation; or

(ii)to be exempted from the order, provision, or obligation.

(2)Hearing

In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.

(3)Ruling

After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.

(4)Statute of limitations

A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of— (A)

(B)the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.

(b)District court; jurisdiction; review; rulings

The district courts of the United States in any district in which such person is an inhabitant, or carries on 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 to the Secretary a copy of the complaint. 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. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4610 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–185 added subsec. (a) and struck out former subsec. (a) which read as follows: “Any person subject to an order may file, within a period prescribed by the Secretary, a written petition with the Secretary, stating that such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and requesting a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with

Regulations

made by the Secretary. After such hearing, the Secretary shall make a ruling upon such petition which shall be final, if in accordance with law.”

§4609 Petition and Review