7 U.S.C. § 4814: Petition and review

Summary

You can ask the Secretary to change or excuse an order by filing a petition that says the order (or part of it) is not lawful. You will get a hearing under the Secretary’s rules, and the Secretary will either grant or deny your petition. If you disagree, you may ask a U.S. district court where you live or do business to review the decision, but you must file within 20 days of getting notice. Serve the Secretary by giving a copy of the complaint. If the court finds the decision unlawful, it sends the case back with instructions for the Secretary to follow.

Title 7, §4814

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(a)(1)A person subject to an order may file with the Secretary a petition—

(A)stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and

(B)requesting a modification of such order or an exemption from such order.

(2)Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3)After such hearing, the Secretary shall make a determination granting or denying such petition.

(b)(1)A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.

(2)Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.

(3)If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—

(A)make such ruling as the court shall determine to be in accordance with law; or

(B)take such further proceedings as, in the opinion of the court, the law requires.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4814 Petition and Review

Summary

Title 7, §4814

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata