7 U.S.C. § 6807: Petition and review

Summary

A person who is subject to an order may 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. The person must be given a hearing under rules the Secretary sets, following section 6809(b)(2), and the hearing will be held in the federal court district where the person lives or has their main business. After the hearing, the Secretary must issue a ruling; that ruling is final if it follows the law. If the person is unhappy with the Secretary’s ruling, they can ask a U.S. district court in the district where they live or do business to review it by filing a complaint within 20 days after the Secretary’s ruling. Papers are served under the Federal Rules of Civil Procedure. If the court finds the ruling unlawful, it will send the case back to the Secretary with directions to make a lawful ruling or take other actions the court orders. While these proceedings are happening, the Attorney General or the Secretary may still seek relief under section 6808.

Title 7, §6807

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(a)Petition and hearing

(1)Petition

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)Hearing

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)Ruling

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)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 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)Process

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

(3)Remand

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)Enforcement

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

Citations & Metadata