7 U.S.C. § 6306: Petition and review

Summary

If you are under an order under this law, you can file a petition with the Secretary saying the order or parts of it are not lawful and asking for a change or an exemption. You must be given a hearing under rules the Secretary makes. After the hearing, the Secretary issues a decision that is final if it follows the law. A U.S. district court where you live or do business can review that decision if you file a complaint within 20 days. Service must follow the Federal Rules of Civil Procedure. If the court finds the decision unlawful, it will send the case back with directions to correct it or to hold more proceedings. Filing a petition does not stop enforcement under section 6307.

Title 7, §6306

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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 established 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 a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.

(3)Ruling

After a hearing under paragraph (2), the Secretary shall make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.

(b)Review

(1)Commencement of action

The district court of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition of such person under such subsection, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under such subsection (a).

(2)Process

Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)Remands

If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable 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 6307 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.

§6306 Petition and Review

Summary

Title 7, §6306

Notes & Related Subsidiaries

Editorial Notes

References in Text

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