§ 6008. Petition and review

• (a)
  • (1) A person subject to a plan issued under this chapter may file with the Secretary a petition—
    • (A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and
    • (B) requesting a modification of the plan or an exemption from the plan.
  • (2) The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.
  • (3) After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
• (b)
  • (1) The district courts of the United States in any district in which a 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) Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
  • (3) If 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.
  • (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 6009 of this title .