7 USC 6008 – Petition and review
Terms Used In 7 USC 6008
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- district: means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately one-fourth of the volume of pecans produced in the United States. See 7 USC 6002
- 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 6002
- plan: means a plan issued under section 6003 of this title. See 7 USC 6002
- 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 6002
- United States: means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico. See 7 USC 6002
(a) Petition
(1) In general
A person subject to a plan issued under this chapter may file with the Secretary a petition—
(A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and
(B) requesting a modification of the plan or an exemption from the plan.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.
(3) Ruling
After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(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) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance with 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) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.