§6807 — Title 7 Agriculture | U.S. Code

Summary

A person who is subject to an order can file a petition with the Secretary saying the order, a part of it, or any duty tied to it is not lawful and asking for a change or an exemption. The person must be given a hearing under the Secretary’s rules. The hearing will follow section 6809(b)(2) and be held in the U.S. judicial district where the person lives or has their main business. After the hearing the Secretary will decide, and that decision is final if it follows the law. The person can ask a U.S. district court where they live or do business to review the Secretary’s decision by filing a complaint within 20 days. Service follows the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, it will send the matter back to the Secretary with directions to make a lawful ruling or take other action required by law. These proceedings do not prevent the Attorney General or the Secretary from seeking relief under section 6808.

Title 7, §6807

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to an order 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 a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. Any such hearing shall be conducted in accordance with section 6809(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.

(3)After a hearing under paragraph (2), 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 conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed not later than 20 days after the date of the entry of the ruling by the Secretary.

(2)Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions—

(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.

(c)The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 6808 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.

§6807 Petition and Review

Summary

Title 7, §6807

Notes & Related Subsidiaries

Editorial Notes

References in Text

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