§7467 — Title 7 Agriculture | U.S. Code

Summary

Anyone who must follow an order can file a petition with the Secretary saying the order or something it requires is not lawful and asking to change it or be excused. The petitioner must be given a hearing under rules the Secretary makes. After the hearing, the Secretary must make a decision. That decision is final if it follows the law. Petitions must be filed within 2 years after the order takes effect or the requirement is imposed. If the person disagrees with the Secretary’s decision, they can ask a U.S. district court where they live or do business to review it, but they must file that complaint within 20 days after the Secretary’s decision. Legal papers are served under 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 other action the court requires. A pending petition does not stop the Attorney General or the Secretary from seeking relief under section 7468.

Title 7, §7467

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, a provision of the order, or an 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)A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3)After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with 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 is vested with jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a).

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

(3)If the court determines that the ruling 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.

(4)The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 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.

§7467 Petition and Review

Summary

Title 7, §7467

Notes & Related Subsidiaries

Editorial Notes

References in Text

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