7 U.S.C. § 7447
Sections in this chapter
- § 7401
- § 7411
- § 7412
- § 7413
- § 7414
- § 7415
- § 7416a
- § 7416
- § 7417
- § 7418
- § 7419
- § 7420
- § 7421
- § 7422
- § 7423
- § 7424
- § 7425
- § 7441
- § 7442
- § 7443
- § 7444
- § 7445
- § 7446
- § 7447
- § 7448
- § 7449
- § 7450
- § 7451
- § 7452
- § 7461
- § 7462
- § 7463
- § 7464
- § 7465
- § 7466
- § 7467
- § 7468
- § 7469
- § 7470
- § 7471
- § 7472
- § 7473
- § 7481
- § 7482
- § 7483
- § 7484
- § 7485
- § 7486
- § 7487
- § 7488
- § 7489
- § 7490
- § 7491
§ 7447. Petition and review
- (a)
- (1) A person subject to an order issued under this subchapter may file with the Secretary a petition—
- (A) stating that the order, a provision of the order, or an 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) The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
- (3) After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.
- (4) Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
- (1) A person subject to an order issued under this subchapter may file with the Secretary a petition—
- (b)
- (1) The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).
- (2) Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.
- (3) If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable 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.
- (4) The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 7448 of this title .
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