Title 7 — Agriculture
Chapter 105 — Hass Avocado Promotion, Research, and Information
§ 7806. Petition and review
Statutory text
Petition and hearing
Petition
A person subject to an order may file with the Secretary a petition—
stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and
requesting a modification of the order or an exemption from the order.
Hearing
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. Any such hearing shall be conducted in accordance with section 7808(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.
Ruling
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
Limitation
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.
Review
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 conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary.
Process
Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
Remand
If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions—
to make such ruling as the court shall determine to be in accordance with law; or
to take such further action as, in the opinion the court, the law requires.
Enforcement
The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 7807 of this title.
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.
Pub. L. 106–387 § 1(a)(tXII)(s1207) · 114 Stat. 1549
Enacted · 7 U.S.C. § 7806
(Pub. L. 106–387, § 1(a) [title XII, § 1207], Oct. 28, 2000, 114 Stat. 1549, 1549A–92.)
Source evidence
Code source credit
(Pub. L. 106–387, § 1(a) [title XII, § 1207], Oct. 28, 2000, 114 Stat. 1549, 1549A–92.)Enacted provision · exact public law section
(a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Credits
(Pub. L. 106–387, § 1(a) [title XII, § 1207], , 114 Stat. 1549, 1549A–92.)