7 U.S.C. § 6008: Petition and review

Summary

People covered by a plan under this law can file a petition with the Secretary saying the plan, a part of it, or a requirement tied to it is not legal and asking for a change or an exemption. The petitioner gets a hearing on the record under rules the Secretary makes. After the hearing the Secretary issues a decision, and that decision is final if it follows the law. A petitioner can ask a federal district court where they live or do business to review the Secretary’s decision, but must file the complaint within 20 days after the decision is entered. Papers must be served under the Federal Rules of Civil Procedure. If the court finds the decision unlawful, it sends the case back to the Secretary with directions to make a lawful decision or to take further steps. While these petitions are pending, the Attorney General or the Secretary may still act under section 6009.

Title 7, §6008

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(a)Petition

(1)In general

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)Hearings

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)Ruling

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

(b)Review

(1)Commencement of action

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)Process

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

(3)Remands

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)Enforcement

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

Citations & Metadata