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Code · BILL · 115th Congress · H.R. 302 (Enrolled) — To provide protections for certain sports medicine professionals, to reauthorize Federal aviation programs, to improv... · Sec. 1308

Sec. 1308. Petition and review

333 words·~2 min read·/bill/115/hr/302/enr/section-1308·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person subject to an order issued under this division 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 established in accordance with law; and requesting a modification of the order or an exemption from the order. The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. 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). 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 not less than 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. 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 30 days after the date of the entry of the ruling by the Secretary. Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. 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 of the court, the law requires. 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 1309.
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