§ 2713. — Administrative review of orders; petition; hearing; judicial review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2713]
TITLE 7--AGRICULTURE
CHAPTER 60--EGG RESEARCH AND CONSUMER INFORMATION
Sec. 2713. Administrative review of orders; petition; hearing;
judicial review
(a) Any person subject to any order may file a written petition with
the Secretary, stating that any such order or any provisions of such
order or any obligations 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) 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 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 2714(a) of this title.
(Pub. L. 93-428, Sec. 14, Oct. 1, 1974, 88 Stat. 1177.)
