7 U.S.C. § 6410: Petition and review

Summary

Anyone who must follow an order under this chapter can ask the Secretary to change the order or excuse them from it. The person must say the order or its duties are not legal and ask for a modification or an exemption. The petitioner must be given a chance for a hearing under the Secretary’s rules. After the hearing, the Secretary will decide, and that decision is final if it follows the law. If the person wants the court to review the Secretary’s decision, they can file a complaint in the U.S. district court where they live or do business within 20 days after the Secretary’s ruling. Papers must be served following the Federal Rules of Civil Procedure. If the court finds the decision was not legal, it will send the case back to the Secretary with instructions either to issue the court’s lawful decision or to take further steps the court says the law requires.

Title 7, §6410

Agriculture, Source: USLM XML via OLRC

(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 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 the 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.

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.

§6410 Petition and Review

Summary

Title 7, §6410

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata