§ 7447. — 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: 7USC7447]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7447. Petition and review
(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, a provision of the order, or an
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 the opportunity for a hearing on a
petition filed under paragraph (1), in accordance with regulations
issued by the Secretary.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall issue a
ruling on the petition that is the subject of the hearing, which
shall be final if the ruling is in accordance with applicable law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order,
or any obligation imposed in connection with an order, shall be
filed not later than 2 years after the effective date of the order
or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for any district in
which the person who is a petitioner under subsection (a) of this
section resides or carries on business shall have jurisdiction to
review a ruling on the petition, if a complaint is filed by the
person not later than 20 days after the date of the entry of a
ruling by the Secretary under subsection (a)(3) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) shall be
conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines, under paragraph (1), that a ruling
issued under subsection (a)(3) of this section is not in accordance
with applicable 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 proceedings 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 taking any action under section 7448 of this
title.
(Pub. L. 104-127, title V, Sec. 538, Apr. 4, 1996, 110 Stat. 1060.)
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 7449 of this title.
