§ 6206. — 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: 7USC6206]
TITLE 7--AGRICULTURE
CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6206. Petition and review
(a) Petition
(1) In general
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 the order or an exemption
from the order.
(2) Hearings
A person submitting a petition under paragraph (1) shall be
given an opportunity for a hearing on the petition, in accordance
with regulations issued by the Secretary.
(3) Ruling
After the 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 such 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 a ruling by 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 the 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 pursuant to subsection
(a) of this section shall not impede, hinder, or delay the Attorney
General or the Secretary from obtaining relief pursuant to section
6207 of this title.
(Pub. L. 101-624, title XIX, Sec. 1957, Nov. 28, 1990, 104 Stat. 3876.)
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 6208 of this title.
