Petition and review

Source Credit

(a) Petition
(1) In general
A person subject to a plan issued under this chapter may file with the Secretary a petition—
(A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and
(B) requesting a modification of the plan or an exemption from the plan.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.
(3) Ruling
After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(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 carries on business are hereby vested with jurisdiction to review the ruling on such person's petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance with 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 6009 of this title.

History

(Pub. L. 101–624, title XIX, §1913, Nov. 28, 1990, 104 Stat. 3850.)

Editorial Notes

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.