§ 4609. Petition and review
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/usc/title-7/section-4609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Filing of petition; hearing
(1)In general Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary—
(A)that states that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and
(B)that requests—
(i)a modification of the order, provision, or obligation; or
(ii)to be exempted from the order, provision, or obligation.
(2)Hearing In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.
(3)Ruling After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.
(4)Statute of limitations A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of—
(A)the effective date of the order, provision, or obligation challenged in the petition; or
(B)the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.
(b)District court; jurisdiction; review; rulings The district courts of the United States in any district in which such person is an inhabitant, or carries on business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either
(1)to make such ruling as the court shall determine to be in accordance with law, or
(2)to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection
(a)of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4610 of this title.
(Pub. L. 98–590, § 10, Oct. 30, 1984, 98 Stat. 3121; Pub. L. 105–185, title VI, § 605(i), June 23, 1998, 112 Stat. 599.)
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Cited by 2 sections
statutes-at-large
- Public Law 98–590To enable honey producers and handlers to finance a nationally coordinated research, promotion, and consumer information program designed to expand their markets for honey
- Public Law 105–185To ensure that federally funded agricultural research, extension, and education address high-priority concerns with national or multistate significance, to reform, extend, and eliminate certain agricultural research programs, and for other purposes
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U.S. Code
5 references not yet in our index
- Pub. L. 98–590, § 10
- 98 Stat. 3121
- Pub. L. 105–185, title VI, § 605(i)
- 112 Stat. 599
- Pub. L. 105–185
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§ 4609
Petition and review
Stat.×2
Pub. L.Pub. L. 98–590, § 10
Stat.98 Stat. 3121
Pub. L.Pub. L. 105–185, title VI, § 605(i)
Stat.112 Stat. 599
Pub. L.Pub. L. 105–185
Cites 6Cited by 2 across 1 source