§ 7486. — 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: 7USC7486]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER V--POPCORN
Sec. 7486. 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
established in accordance with law; and
(B) requesting a modification of the order or obligation or
an exemption from the order or obligation.
(2) Statute of limitations
A petition under paragraph (1) concerning an obligation may be
filed not later than 2 years after the date of imposition of the
obligation.
(3) 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.
(4) Ruling
After a hearing under paragraph (3), 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.
(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 a ruling on the petition, if the person files a complaint not
later than 20 days after the date of issuance of the ruling under
subsection (a)(4) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) may be
made on the Secretary by delivering a copy of the complaint to the
Secretary.
(3) Remands
If the court determines, under paragraph (1), that a ruling
issued under subsection (a)(4) of this section is not in accordance
with applicable 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 proceedings as, in the opinion of
the court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under subsection (a) of this
section may not impede, hinder, or delay the Secretary or the Attorney
General from taking action under section 7487 of this title.
(Pub. L. 104-127, title V, Sec. 577, Apr. 4, 1996, 110 Stat. 1082.)
