§ 4814. — 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: 7USC4814]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4814. Petition and review
(a)(1) A person subject to an order may file with the Secretary a
petition--
(A) stating that such order, a provision of such order, or an
obligation imposed in connection with such order is not in
accordance with law; and
(B) requesting a modification of such order or an exemption from
such order.
(2) Such person shall be given an opportunity for a hearing on the
petition, in accordance with regulations issued by the Secretary.
(3) After such hearing, the Secretary shall make a determination
granting or denying such petition.
(b)(1) A district court of the United States in the district in
which such person resides or does business shall have jurisdiction to
review such determination if a complaint for such purpose is filed not
later than 20 days after the date such person receives notice of such
determination.
(2) Service of process in such proceeding may be made on the
Secretary by delivering a copy of the complaint to the Secretary.
(3) If a court determines that such determination is not in
accordance with law, the court shall remand such proceedings to the
Secretary with directions to--
(A) make such ruling as the court shall determine to be in
accordance with law; or
(B) take such further proceedings as, in the opinion of the
court, the law requires.
(Pub. L. 99-198, title XVI, Sec. 1625, Dec. 23, 1985, 99 Stat. 1619.)
