§ 7806. — 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: 7USC7806]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 7806. Petition and review
(a) Petition and hearing
(1) Petition
A person subject to an order 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 in
accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearing
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. Any such hearing shall be conducted in
accordance with section 7808(b)(2) of this title and be held within
the United States judicial district in which the residence or
principal place of business of the person is located.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall make a
ruling on the petition, which shall be final if in accordance with
law.
(4) Limitation
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 courts of the United States in any district in
which a person who is a petitioner under subsection (a) of this
section resides or conducts business shall have jurisdiction to
review the ruling of the Secretary on the petition of the person, if
a complaint requesting the review is filed no later than 20 days
after the date of the entry of the ruling by the Secretary.
(2) Process
Service of process in proceedings under this subsection shall be
conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remand
If the court in a proceeding under this subsection determines
that the ruling of the Secretary on the petition of the person 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 the
court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under this section shall not
impede, hinder, or delay the Attorney General or the Secretary from
obtaining relief under section 7807 of this title.
(Pub. L. 106-387, Sec. 1(a) [title XII, Sec. 1207], Oct. 28, 2000, 114
Stat. 1549, 1549A-92.)
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 7808 of this title.
