§ 2620. — Procedural rights of persons subject to plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2620]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2620. Procedural rights of persons subject to plan
(a) Administrative proceedings; petition; hearing; finality of ruling
Any person subject to a plan may file a written petition with the
Secretary, stating that such plan or any provision of such plan or any
obligation imposed in connection therewith is not in accordance with law
and praying for a modification thereof or to be exempted therefrom. He
shall thereupon be given an opportunity for a hearing upon such
petition, in accordance with regulations made by the Secretary. After
such hearing, the Secretary shall make a ruling upon the prayer of such
petition which shall be final, if in accordance with law.
(b) Judicial review; jurisdiction; complaint; remand; relief during
pendency of proceedings
The district courts of the United States in any district in which
such person is an inhabitant, or has his principal place of business,
are hereby vested with jurisdiction to review such ruling: Provided,
That a complaint for that purpose is filed within twenty days from the
date of the entry of such ruling. Service of process in such proceedings
may be had upon the Secretary by delivering to him a copy of the
complaint. If the court determines that such ruling is not in accordance
with law, it shall remand such proceedings to the Secretary with
directions either (1) to make such ruling as the court shall determine
to be in accordance with law, or (2) to take such further proceedings
as, in its opinion, the law requires. The pendency of proceedings
instituted pursuant to subsection (a) of this section shall not impede,
hinder, or delay the United States or the Secretary from obtaining
relief pursuant to section 2621(a) of this title.
(Pub. L. 91-670, title III, Sec. 311, Jan. 11, 1971, 84 Stat. 2045.)
