§ 7486. 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 established in accordance with law; and
    • (B) requesting a modification of the order or obligation or an exemption from the order or obligation.
  • (2) A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation.
  • (3) 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.
  • (4) After a hearing under paragraph (3), 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.
• (b)
  • (1) The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4).
  • (2) Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary.
  • (3) If the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) is not in accordance with applicable 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 proceedings as, in the opinion of the court, the law requires.
• (c) The pendency of proceedings instituted under subsection (a) may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 7487 of this title .