7 U.S.C. § 6206: Petition and review

Summary

If you are subject to an order, you can file a petition with the Secretary saying the order or a part of it is not lawful and asking for a change or an exemption. You must be given a chance to have a hearing under the Secretary’s rules. After the hearing, the Secretary will make a decision, and that decision is final if it follows the law. You may ask a federal district court to review the Secretary’s decision by filing a complaint within 20 days after the decision. Court papers must be served according to federal court rules. If the court finds the decision unlawful, it will send the case back to the Secretary with instructions to make a lawful decision or take other steps the court orders. While your petition is pending, the Attorney General or the Secretary may still seek other enforcement relief allowed by law.

Title 7, §6206

Agriculture, Source: USLM XML via OLRC

(a)Petition

(1)In general

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 the order or an exemption from the order.

(2)Hearings

A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3)Ruling

After the 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 such 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 the 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 pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6207 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.

§6206 Petition and Review

Summary

Title 7, §6206

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata