7 U.S.C. § 4814

Petition and review

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(a)(1) A person subject to an order may file with the Secretary a petition—(A) stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and(B) requesting a modification of such order or an exemption from such order.(2) Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.(3) After such hearing, the Secretary shall make a determination granting or denying such petition.(b)(1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.(2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.(3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—(A) make such ruling as the court shall determine to be in accordance with law; or(B) take such further proceedings as, in the opinion of the court, the law requires.(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015).

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Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015). · cites it 3× “The government contends that the plaintiffs were required to petition the agency to exempt them from their payment obligations under the Pork Order, or seek a modification of the Pork Order prohibiting the Board from making the expenditures to which they objected.”

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