§ 4909. — 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: 7USC4909]
TITLE 7--AGRICULTURE
CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
Sec. 4909. Petition and review
(a) Any person subject to a plan may file a written petition with
the Secretary, stating that the plan or any provision of the plan, or
any obligation imposed in connection therewith, is not in accordance
with law and praying for a modification thereof or to be exempted
therefrom. The person shall be given an opportunity for a hearing on the
petition, in accordance with regulations prescribed by the Secretary.
After the hearing, the Secretary shall make a ruling on the petition,
which shall be final if in accordance with the law.
(b) The district courts of the United States in any district in
which the person is an inhabitant, or in which the person's principal
place of business is located, are hereby vested with jurisdiction to
review such ruling, provided that a complaint for that purpose is filed
within twenty days from the date of the entry of the ruling. Service of
process in such proceedings may be had on the Secretary by delivering to
the Secretary a copy of the complaint. If the court determines that the
ruling is not in accordance with law, it shall remand the proceedings to
the Secretary with directions either to (1) make such ruling as the
court shall determine to be in accordance with law, or (2) take such
further proceedings as, in its opinion, the law requires. The pendency
of proceedings instituted under subsection (a) of this section shall not
impede or delay the United States or the Secretary from obtaining relief
under section 4910(a) \1\ of this title.
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\1\ See References in Text note below.
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(Pub. L. 99-198, title XVI, Sec. 1650, Dec. 23, 1985, 99 Stat. 1627.)
References in Text
Section 4910(a) of this title, referred to in subsec. (b), was in
the original ``section 1851(a)'', a nonexistent section in Pub. L. 99-
198, and has been translated as if the reference had been to ``section
1651(a)'' to reflect the probable intent of Congress.
