7 U.S.C. § 7806: Petition and review

Summary

A person who is covered by an order can ask the Secretary to change the order or excuse them from it if they say the order is not lawful. They must file the petition within 2 years after the order, provision, or obligation takes effect. The person must be allowed a hearing under the Secretary’s rules, held in the federal district where they live or do business. After the hearing, the Secretary will decide, and that decision stands if it follows the law. A person can sue in the federal district court where they live or do business to review the Secretary’s decision if they file the complaint within 20 days of the decision. Service of process follows the Federal Rules of Civil Procedure. If the court finds the Secretary’s decision unlawful, it will send the matter back to the Secretary with directions to make a lawful decision or take further action. While these proceedings are happening, the Attorney General or the Secretary can still seek relief under section 7807.

Title 7, §7806

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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 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)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.

(4)Limitation

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)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 no 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 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 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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