§6008 — Title 7 Agriculture | U.S. Code

Summary

Someone covered by a plan can ask the Secretary to change the plan or excuse them from it. The person must say the plan, a part of it, or a duty tied to it is not legal and ask for a change or an exemption. The person gets a formal, recorded hearing run under the Secretary’s rules. After the hearing, the Secretary will decide. That decision stands if it follows the law. If the person is unhappy, a U.S. district court where they live or do business can review the Secretary’s decision, but the person must file a complaint within 20 days of the Secretary’s decision. Papers are served under the Federal Rules of Civil Procedure. If the court finds the decision broke the law, it will send the case back to the Secretary and tell the Secretary what lawful action to take or what extra steps are needed. While a petition is pending, the Attorney General or the Secretary may still act under section 6009.

Title 7, §6008

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to a plan issued under this chapter may file with the Secretary a petition—

(A)stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and

(B)requesting a modification of the plan or an exemption from the plan.

(2)The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.

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

(b)(1)The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).

(2)Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—

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

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

(4)The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

§6008 Petition and Review

Summary

Title 7, §6008

Notes & Related Subsidiaries

Editorial Notes

References in Text

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