§ 6306. 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

   Soybean Promotion, Research, and Consumer Information Act

   Pub. L. 101–624 title XIX § 1971 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6306

   (Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)

   Source evidence

   Code source credit
   (Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)

   Enacted provision · exact public law section
   SEC. 1971. PETITION AND REVIEW. (a) Petition.— (1) In general.— A person subject to an order issued under this subtitle 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 the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. (3) Ruling.— After a hearing under paragraph (2), the Secretary shall make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law. (b) Review.— (1) Commencement of action.— The district court of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition of such person under such subsection, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under such subsection (a). (2) Process.— Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) Remands.— If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable 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 1972.

1 of 1 references resolved to an enrolled provision