7 USC 4609 – Petition and review
(a) Filing of petition; hearing
(1) In general
Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary—
(A) that states 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) that requests—
(i) a modification of the order, provision, or obligation; or
(ii) to be exempted from the order, provision, or obligation.
(2) Hearing
In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.
(4) Statute of limitations
A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of—
(A) the effective date of the order, provision, or obligation challenged in the petition; or
(B) the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.
(b) District court; jurisdiction; review; rulings
The district courts of the United States in any district in which such person is an inhabitant, or carries on business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4610 of this title.
Terms Used In 7 USC 4609
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. See 7 USC 4602
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Secretary: means the Secretary of Agriculture. See 7 USC 4602
- Service of process: The service of writs or summonses to the appropriate party.
- Statute: A law passed by a legislature.