2010 US Code
Title 7 - AGRICULTURE
CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4609 - Petition and review
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION Sec. 4609 - Petition and review |
Contains | section 4609 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 98 Stat. 3121 112 Stat. 599 |
Public Law References | Public Law 98-590, Public Law 105-185 |
§4609. Petition and review (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) HearingIn accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.
(3) RulingAfter the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.
(4) Statute of limitationsA 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; rulingsThe 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.)
Amendments1998—Subsec. (a). Pub. L. 105–185 added subsec. (a) and struck out former subsec. (a) which read as follows: “Any person subject to an order may file, within a period prescribed by the Secretary, a written petition with the Secretary, stating that such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and requesting a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon such petition which shall be final, if in accordance with law.”
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