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U.S. Code as of:
01/03/05
Section 4609. Petition and review
(a) Filing of petition; hearing
(1) In general
Subject to paragraph (4), a person subject to an order may file
a written petition with the Secretary -
(A) that states 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) that requests -
(i) a modification of the order, provision, or obligation;
or
(ii) to be exempted from the order, provision, or
obligation.
(2) Hearing
In accordance with regulations issued by the Secretary, the
petitioner shall be given an opportunity for a hearing on the
petition.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the
petition that shall be final, if in accordance with law.
(4) Statute of limitations
A petition filed under this subsection that challenges an
order, any provision of the order, or any obligation imposed in
connection with the order, shall be filed not later than 2 years
after the later of -
(A) the effective date of the order, provision, or obligation
challenged in the petition; or
(B) the date on which the petitioner became subject to the
order, provision, or obligation challenged in the petition.
(b) District court; jurisdiction; review; rulings
The district courts of the United States in any district in which
such person is an inhabitant, or carries on 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 the
Secretary 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 4610 of this title.
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