§ 4509. — 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: 7USC4509]
TITLE 7--AGRICULTURE
CHAPTER 76--DAIRY RESEARCH AND PROMOTION
SUBCHAPTER I--DAIRY PROMOTION PROGRAM
Sec. 4509. Petition and review
(a) Any person subject to any order issued under this subchapter may
file with the Secretary a petition 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 requesting a modification
thereof or an exemption therefrom. The petitioner shall thereupon be
given an opportunity for a hearing on the petition, in accordance with
regulations issued by the Secretary. After such hearing, the Secretary
shall make a ruling on the 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, if 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 on 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. 98-180, title I, Sec. 118, Nov. 29, 1983, 97 Stat. 1142.)
Section Referred to in Other Sections
This section is referred to in section 4535 of this title.
