7 U.S.C. § 6306 — Petition and review

FEDERAL · 7 U.S.C. · Chapter 92

Petition and review

Current through Pub. L. 119-102

Title 7 — Agriculture·Ch. 92 — SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

(a)Petition

(1)In general A person subject to an order issued under this chapter 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 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 make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.

(b)Review

(1)Commencement of action The district court of the Un

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(a) Petition
(1) In general
A person subject to an order issued under this chapter 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 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 make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.
(b) Review
(1) Commencement of action
The district court of the United States in 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 of such person under such subsection, 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 such subsection (a).
(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 6307 of this title.

7 U.S.C. § 6306 (Petition and review) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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History

(Pub. L. 101–624, title XIX, §1971, Nov. 28, 1990, 104 Stat. 3900.)

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.

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History

Editorial Notes