§ 7418. — Petition and review of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7418]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 7418. Petition and review of orders
(a) Petition
(1) In general
A person subject to an order issued under this subchapter 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) Hearing
The Secretary shall give the petitioner 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, subject to review as set forth
in subsection (b) of this section.
(4) Limitation on petition
Any petition filed under this subsection challenging an order,
any provision of the order, or any obligation imposed in connection
with the order, shall be filed within 2 years after the effective
date of the order, provision, or obligation subject to challenge in
the petition.
(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 final 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 final ruling by the Secretary under
subsection (a)(3) of this section.
(2) Process
Service of process in a proceeding may be made on the Secretary
by delivering a copy of the complaint to the Secretary.
(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 determines to be in
accordance with law; or
(B) to take such further action as, in the opinion of the
court, the law requires.
(c) Effect on enforcement proceedings
The pendency of a petition filed under subsection (a) of this
section or an action commenced under subsection (b) of this section
shall not operate as a stay of any action authorized by section 7419 of
this title to be taken to enforce this subchapter, including any rule,
order, or penalty in effect under this subchapter.
(Pub. L. 104-127, title V, Sec. 519, Apr. 4, 1996, 110 Stat. 1044.)
