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U.S. Code as of:
01/03/05
Section 3409. Petition and review
(a) Petition; hearing; ruling
Any person subject to any order may file a written petition with
the Secretary, stating that any such order or any provision of such
order or any obligation imposed in connection therewith is not in
accordance with law and praying for a modification thereof or for
an exemption therefrom. The petitioner shall thereupon be given an
opportunity for a hearing upon such petition, in accordance with
regulations issued 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) Judicial review; jurisdiction; process; remand
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 a copy of the complaint to the Secretary. 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.
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