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U.S. Code as of:
01/03/05
Section 6306. 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
established 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
a petition filed under paragraph (1), in accordance with
regulations issued by the Secretary.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall make a
ruling on the petition that is the subject of the hearing, which
shall be final if such ruling is in accordance with applicable
law.
(b) Review
(1) Commencement of action
The district court of the United States in any district in
which the person who is a petitioner under subsection (a) of this
section resides or carries on business shall have jurisdiction to
review a ruling on the petition of such person under such
subsection, if a complaint for that purpose is filed not later
than 20 days after the date of the entry of a ruling by the
Secretary under such subsection (a) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) shall be
conducted in accordance with the Federal Rules of Civil
Procedure.
(3) Remands
If the court determines, under paragraph (1), that a ruling
issued under subsection (a)(3) of this section is not in
accordance with applicable 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
6307 of this title.
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