§ 6008. Petition and review

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Pecan Promotion and Research Act of 1990

   Pub. L. 101–624 title XIX § 1913 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6008

   (Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)

   Source evidence

   Code source credit
   (Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)

   Enacted provision · exact public law section
   SEC. 1913. PETITION AND REVIEW. (a) Petition.— (1) In general.— A person subject to a plan issued under this subtitle 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 1914.

1 of 1 references resolved to an enrolled provision