§7447 — Title 7 Agriculture | U.S. Code

Summary

A person who must follow an order under this part may ask the Secretary in writing to change the order or to be excused from it, and may say the order or its terms are not legal. The person must get a chance for a hearing under rules the Secretary sets. After the hearing the Secretary will decide, and that decision is final if it follows the law. Any such request must be filed within 2 years after the order or requirement takes effect. If unhappy with the Secretary’s decision, the person can sue in the U.S. district court where they live or do business. The suit must start within 20 days after the Secretary’s decision. Court papers are served under the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, the court sends the case back with instructions to fix it or take further steps. Having a petition pending does not stop the Attorney General or the Secretary from acting under section 7448.

Title 7, §7447

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to an order issued under this subchapter may file with the Secretary a petition—

(A)stating that the order, a provision of the order, or an 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)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)After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.

(4)Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.

(b)(1)The district court of the United States for 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, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).

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

(3)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)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 7448 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.

§7447 Petition and Review

Summary

Title 7, §7447

Notes & Related Subsidiaries

Editorial Notes

References in Text

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