§4609 — Title 7 Agriculture | U.S. Code

Summary

Anyone under an order can file a written petition with 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 Secretary must offer a hearing under the rules the Secretary sets. After the hearing, the Secretary issues a decision. The decision stands if it follows the law. You must file the petition within 2 years after the later of the order’s effective date or the date you became subject to it. If you want a court review, you can sue in the federal district court where you live or do business. You must file the complaint within 20 days of the Secretary’s decision and give the Secretary a copy. If the court finds the decision unlawful, it will send the case back and tell the Secretary to fix the decision or take more steps. Having a petition pending does not stop the United States or the Secretary from getting relief under section 4610.

Title 7, §4609

Agriculture — Source: USLM XML via OLRC

(a)(1)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)In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.

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

(4)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)the effective date of the order, provision, or obligation challenged in the petition; or

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

(b)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