§ 7106. — 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: 7USC7106]
TITLE 7--AGRICULTURE
CHAPTER 99--SHEEP PROMOTION, RESEARCH, AND INFORMATION
Sec. 7106. 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
established 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 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. The ruling shall be final if the ruling is in accordance
with law.
(b) Review
(1) Commencement of action
The district court of the United States for any district in
which a person who is a petitioner under subsection (a) of this
section resides or carries on business shall have jurisdiction to
review the ruling on the petition of the person, if a complaint for
that purpose is filed not later than 20 days after the date of the
entry of the ruling by the Secretary under subsection (a)(3) of this
section.
(2) Process
Service of process in a proceeding may be conducted on the
Secretary by delivering a copy of the complaint to the Secretary,
under such rules or regulations as are considered necessary by the
Secretary to facilitate the service of process.
(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--
(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.
(Pub. L. 103-407, Sec. 7, Oct. 22, 1994, 108 Stat. 4224.)
Section Referred to in Other Sections
This section is referred to in section 7107 of this title.
