7 U.S.C. § 6106
Sections in this chapter
§ 6106. Petition and review
- (a)
- (1) A person subject to an order issued under this chapter may file with the Secretary a petition—
- (A) stating 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) requesting a modification of the order or an exemption from the order.
- (2) The petitioner shall be given the opportunity for a hearing on the petition, 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.
- (1) A person subject to an order issued under this chapter may file with the Secretary a petition—
- (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 such ruling of 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 action 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 obtaining relief pursuant to section 6107 of this title .
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