2015 US Code
Title 7 - Agriculture (Sections 1 - 9097)
Chapter 93 - Processor-Funded Milk Promotion Program (Sections 6401 - 6417)
Sec. 6410 - Petition and review
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 7 - AGRICULTURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 7 - AGRICULTURE CHAPTER 93 - PROCESSOR-FUNDED MILK PROMOTION PROGRAM Sec. 6410 - Petition and review |
| Contains | section 6410 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 101-624, title XIX, §1999K, Nov. 28, 1990, 104 Stat. 3921. |
| Statutes at Large Reference | 104 Stat. 3921 |
| Public and Private Law | Public Law 101-624 |
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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 established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) HearingsThe petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) RulingAfter the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b) Review(1) Commencement of actionThe district courts of the United States in any district in which the 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 a ruling by the Secretary under subsection (a).
(2) ProcessService of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) RemandsIf 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 proceedings as, in the opinion of the court, the law requires.
(Pub. L. 101–624, title XIX, §1999K, Nov. 28, 1990, 104 Stat. 3921.)
REFERENCES IN TEXTThe Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
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