7 USC 7106 – Petition and review
Terms Used In 7 USC 7106
- 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.
- order: means a sheep and wool promotion, research, education, and information order issued under section 7103 of this title. See 7 USC 7102
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. See 7 USC 7102
- 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 7102
- Service of process: The service of writs or summonses to the appropriate party.
- United States: means the 50 States and the District of Columbia. See 7 USC 7102
(a) Petition
(1) In general
A person subject to an order issued under this chapter 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 established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner 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 make a ruling on the petition. The ruling shall be final if the ruling is in accordance with 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) resides or carries on business shall have 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 the ruling by the Secretary under subsection (a)(3).
(2) Process
Service of process in a proceeding may be conducted on the Secretary by delivering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process.
(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.