7 U.S.C. § 7467 — Petition and review
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- (a)Petition
- (1)In generalA person subject to an order may file with the Secretary a petition—
- (2)HearingsA 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)RulingAfter the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with law.
- (4)Limitation on petitionAny 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)Review
- (1)Commencement of actionThe 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)ProcessService of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
- (3)RemandsIf the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
- (4)EnforcementThe 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.