§7806 — Title 7 Agriculture | U.S. Code

Summary

Someone affected by an order can ask the Secretary to change the order or excuse them from it, and can say the order or a rule tied to it is not lawful. They must be allowed a hearing under the Secretary’s rules. The hearing will be held in the federal district where they live or where their main business is. The Secretary will decide after the hearing, and that decision is final if it follows the law. The petition must be filed within 2 years after the order, rule, or duty took effect. If the person is unhappy with the Secretary’s decision, they can ask a U.S. district court in their district to review it by filing a complaint within 20 days of the decision. Legal papers are served under the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, the court will send it back with instructions to fix it or do what the law requires. While these cases are going on, the Attorney General or Secretary can still seek relief under section 7807.

Title 7, §7806

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 7808(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.

(4)Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.

(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 no 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 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 7807 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.

§7806 Petition and Review

Summary

Title 7, §7806

Notes & Related Subsidiaries

Editorial Notes

References in Text

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