§ 6106. Petition and review

332 words·~2 min read·/usc/title-7/section-6106

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(a)Petition

(1)In general A person subject to an order issued under this chapter 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 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 the petition, in accordance with regulations issued by the Secretary.

(3)Ruling After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.

(b)Review

(1)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 carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of such ruling of the Secretary under subsection (a).

(2)Process Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3)Remands If the court determines that such ruling is not in accordance with 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 action 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 obtaining relief pursuant to section 6107 of this title.

(Pub. L. 101–624, title XIX, § 1927, Nov. 28, 1990, 104 Stat. 3862.)

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statutes-at-large

Public Law 101–624
To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes

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U.S. Code

Enforcement
§ 6107

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Pub. L. 101–624, title XIX, § 1927
104 Stat. 3862

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cites case law

§ 6106

Petition and review

Fed. Reg.×2

Stat.×1

U.S.C.§ 6107

Pub. L.Pub. L. 101–624, title XIX, § 1927

Stat.104 Stat. 3862

Cites 3Cited by 3 across 2 sources