Laws: Cases and Codes : U.S. Code : Title 7 : Section 2713


   
U.S. Code as of: 01/03/05
Section 2713. Administrative review of orders; petition; hearing; judicial review

      (a) Any person subject to any order may file a written petition
    with the Secretary, stating that any such order or any provisions
    of such order or any obligations imposed in connection therewith is
    not in accordance with law and praying for a modification thereof
    or to be exempted therefrom. He shall thereupon be given an
    opportunity for a hearing upon such petition, in accordance with
    regulations made by the Secretary. After such hearing, the
    Secretary shall make a ruling upon the prayer of such petition
    which shall be final, if in accordance with law.
      (b) The district courts of the United States in any district in
    which such person is an inhabitant, or has his principal place of
    business, are hereby vested with jurisdiction to review such
    ruling, provided a complaint for that purpose is filed within
    twenty days from the date of the entry of such ruling. Service of
    process in such proceedings may be had upon the Secretary by
    delivering to him a copy of the complaint. If the court determines
    that such ruling is not in accordance with law, it shall remand
    such proceedings to the Secretary with directions either (1) to
    make such ruling as the court shall determine to be in accordance
    with law, or (2) to take such further proceedings as, in its
    opinion, the law requires. The pendency of proceedings instituted
    pursuant to subsection (a) of this section shall not impede,
    hinder, or delay the United States or the Secretary from obtaining
    relief pursuant to section 2714(a) of this title.



Previous [Notes] Next

Related Resources

Environmental Law Guide

Agriculture Articles and Documents

Agriculture Discussion