§ 7467. Petition and review

• (a)
  • (1) A person subject to an order 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 in accordance with law; and
    • (B) requesting a modification of the order or an exemption from the order.
  • (2) A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
  • (3) After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with 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.
• (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 is vested with jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
  • (2) Service of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
  • (3) If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
    • (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) The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 of this title .