§ 6306. 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 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 make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.
• (b)
  • (1) The district court of the United States in 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 of such person under such subsection, 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 such subsection (a).
  • (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 6307 of this title .