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U.S. Code as of:
01/03/05
Section 6106. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file
with the Secretary a petition -
(A) stating 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) requesting a modification of the order or an exemption
from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on
the petition, 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 such ruling of 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 action 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 obtaining relief pursuant to
section 6107 of this title.
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