7 U.S.C. § 6106: Petition and review

Summary

If you are subject to an order under this chapter, you can file a petition with the Secretary saying the order or any part of it is not lawful and asking for a change or an exemption. You must be given a chance for a hearing under rules the Secretary sets. After the hearing, the Secretary will make a decision, and that decision is final if it follows the law. You can ask a U.S. district court where you live or do business to review the Secretary’s decision, but you must file a complaint within 20 days after the Secretary’s ruling. Court papers must be served under the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, it will send the case back with instructions to make a lawful decision or take other required action. While these proceedings are happening, they do not stop the Attorney General or the Secretary from seeking relief under section 6107.

Title 7, §6106

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(a)Petition

(1)In general

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)Hearings

The petitioner shall be given the opportunity for a hearing on the petition, 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 such ruling of 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 action 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 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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