§ 4313. — Administrative and judicial review; procedures applicable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4313]
TITLE 7--AGRICULTURE
CHAPTER 74--FLORAL RESEARCH AND CONSUMER INFORMATION
Sec. 4313. Administrative and judicial review; procedures
applicable
(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. Such person shall thereupon be given an opportunity
for a hearing upon such petition, in accordance with regulations
prescribed 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 carries on 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 the Secretary 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
4314(a) of this title.
(Pub. L. 97-98, title XVII, Sec. 1714, Dec. 22, 1981, 95 Stat. 1355.)
