§ 3409. — Petition and review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3409]
TITLE 7--AGRICULTURE
CHAPTER 65--WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3409. Petition and review
(a) Petition; hearing; ruling
Any person subject to any order may file a written petition with the
Secretary, stating that any such order or any provision of such order or
any obligation imposed in connection therewith is not in accordance with
law and praying for a modification thereof or for an exemption
therefrom. The petitioner shall thereupon be given an opportunity for a
hearing upon such petition, in accordance with regulations issued 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; process; remand
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 a copy of the complaint to the
Secretary. 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.
(Pub. L. 95-113, title XVII, Sec. 1710, Sept. 29, 1977, 91 Stat. 1037.)
