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U.S. Code as of:
01/03/05
Section 6008. Petition and review
(a) Petition
(1) In general
A person subject to a plan issued under this chapter may file
with the Secretary a petition -
(A) stating that the plan, any provision of the plan, or any
obligation imposed in connection with the plan is not in
accordance with law; and
(B) requesting a modification of the plan or an exemption
from the plan.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on
the petition, on the record and in accordance with regulations
issued by the Secretary.
(3) Ruling
After such hearing, the Secretary shall make a ruling on the
petition, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in
which a person who is a petitioner under subsection (a) of this
section resides or carries on business are hereby vested with
jurisdiction to review the ruling on such person's petition, if a
complaint for that purpose is filed within 20 days after the date
of the entry of a ruling by the Secretary under subsection (a) of
this section.
(2) Process
Service of process in such proceedings shall be conducted in
accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance
with 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) Enforcement
The pendency of proceedings instituted under subsection (a) of
this section shall not impede, hinder, or delay the Attorney
General or the Secretary from taking any action under section
6009 of this title.
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