7 U.S.C. § 7447: Petition and review

Summary

If you are subject to an order under this subchapter, you can file a petition with the Secretary saying the order, part of it, or a duty it creates was not made according to the law and asking for a change or an exemption. You must be given a chance for a hearing under the Secretary’s rules. After the hearing, the Secretary must issue a decision, which is final if it follows the law. You must file the petition within 2 years after the order takes effect or the duty is imposed. If you disagree with the Secretary’s decision, you can ask a U.S. district court where you live or do business to review it by filing a complaint within 20 days after the decision. Service follows the Federal Rules of Civil Procedure. If the court finds the decision unlawful, it will send the case back to the Secretary with instructions to make a lawful decision or take further steps the court requires. While these petitions or reviews are pending, the Attorney General or Secretary may still act under section 7448.

Title 7, §7447

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(a)Petition

(1)In general

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)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 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)Limitation on petition

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)Review

(1)Commencement of action

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)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 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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