§ 7418. Petition and review of orders

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. 1996

   Commodity Promotion, Research, and Information Act of 1996

   Pub. L. 104–127 title V § 519 · 110 Stat. 888

   Enacted · 7 U.S.C. § 7418

   (Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)

   Source evidence

   Code source credit
   (Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)

   Enacted provision · exact public law section
   SEC. 519. PETITION AND REVIEW OF ORDERS. (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) Hearing.— The Secretary shall give the petitioner 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, subject to review as set forth in subsection (b). (4) Limitation on petition.— Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) Review.— (1) Commencement of action.— The district court of the Courts. 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 final 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 final ruling by the Secretary under subsection (a)(3). (2) Process.— Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary. (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 determines to be in accordance with law; or (B) to take such further action as, in the opinion of the court, the law requires. (c) Effect on Enforcement Proceedings.— The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 520 to be taken to enforce this subtitle, including any rule, order, or penalty in effect under this subtitle.

1 of 1 references resolved to an enrolled provision