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 United States Code (Last Updated: May 24, 2014)
 Title 7. AGRICULTURE
 Chapter 89. PECAN PROMOTION AND RESEARCH

  § 6008. Petition and review  

Latest version.
  • (a) Petition(1) In generalA 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) RemandsIf 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.
(Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)

References In Text

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.