§ 6106. — 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: 7USC6106]
TITLE 7--AGRICULTURE
CHAPTER 90--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6106. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file
with the Secretary a petition--
(A) stating that the order, any provision of the order, or
any obligation imposed in connection with the order, is not in
accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on
the petition, in accordance with regulations issued by the
Secretary.
(3) Ruling
After such hearing, the Secretary shall make a ruling on the
petition, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in
which a person who is a petitioner under subsection (a) of this
section resides or carries on business are hereby vested with
jurisdiction to review the ruling on such person's petition, if a
complaint for that purpose is filed within 20 days after the date of
the entry of such ruling of the Secretary under subsection (a) of
this section.
(2) Process
Service of process in such proceedings shall be conducted in
accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance
with law, the court shall remand the matter to the Secretary with
directions either--
(A) to make such ruling as the court shall determine to be
in accordance with law; or
(B) to take such further action as, in the opinion of the
court, the law requires.
(4) Enforcement
The pendency of proceedings instituted under subsection (a) of
this section shall not impede, hinder, or delay the Attorney General
or the Secretary from obtaining relief pursuant to section 6107 of
this title.
(Pub. L. 101-624, title XIX, Sec. 1927, Nov. 28, 1990, 104 Stat. 3862.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 6108 of this title.
