§6106 — Title 7 Agriculture | U.S. Code

Summary

If someone is covered by an order under this chapter, they can ask the Secretary to change the order or excuse them from it by filing a petition that says the order or its requirements are not lawful. The person must be given a chance for a hearing under rules the Secretary sets. After the hearing, the Secretary will issue a decision, and that decision stands if it follows the law. A person can ask a U.S. district court to review the Secretary’s decision by filing a complaint in the district where they live or do business within 20 days after the Secretary’s decision. Official papers must be served under the Federal Rules of Civil Procedure. If the court finds the decision unlawful, it will send the case back to the Secretary with instructions to issue a lawful decision or take whatever action the court says the law requires. Having a petition pending does not stop the Attorney General or the Secretary from seeking relief under section 6107.

Title 7, §6106

Agriculture — Source: USLM XML via OLRC

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

(A)stating 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)requesting a modification of the order or an exemption from the order.

(2)The petitioner shall be given the opportunity for a hearing on the petition, 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 such ruling of 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 action 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 obtaining relief pursuant to section 6107 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.

§6106 Petition and Review

Summary

Title 7, §6106

Notes & Related Subsidiaries

Editorial Notes

References in Text

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