§ 7467. — 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: 7USC7467]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER IV--KIWIFRUIT
Sec. 7467. Petition and review
(a) Petition
(1) In general
A person subject to an order 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 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 issue a ruling on the
petition which shall be final if the petition is in accordance with
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 is vested with 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 a ruling by the Secretary under subsection (a) of this
section.
(2) Process
Service of process in the 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--
(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 a proceeding 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
7468 of this title.
(Pub. L. 104-127, title V, Sec. 558, Apr. 4, 1996, 110 Stat. 1070.)
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 7469 of this title.
