7 U.S.C. § 7418

Petition and review of orders

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 7 CasesGoogle Scholar

(a) Petition(1) In generalA person subject to an order issued under this subchapter 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) Hearing

The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3) Ruling

After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b).

(4) Limitation on petition

Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.

(b) Review(1) Commencement of action

The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3).

(2) Process

Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.

(3) RemandsIf the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—(A) to make such ruling as the court determines to be in accordance with law; or(B) to take such further action as, in the opinion of the court, the law requires.(c) Effect on enforcement proceedings

The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.

(Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)

Notes of Decisions

Cited in 4 cases, 2015–2019 · leading case: Resolute Forest Prods., Inc. v. United States Dep't of Agric., 219 F. Supp. 3d 69 (D.D.C. 2016).

Sort: Relevance Newest Treatment

Resolute Forest Prods., Inc. v. United States Dep't of Agric., 219 F. Supp. 3d 69 (D.D.C. 2016). · cites it 6× “3d at 105 ; see 7 U.S.C. § 7418 (b)(3)(A). The Department fared no better on remand, as this Court, in Resolute II, still was not assured that the agency had relied on “some verifiable source of data [that] accurately depicted the softwood-lumber market and supported the…”

Resolute Forest Prods., Inc. v. U.S. Dep't of Agric., 130 F. Supp. 3d 81 (D.D.C. 2015). · cites it 4× “, ¶ 81; 7 U.S.C. § 7418 (a)(1)(A) (“A person subject to an order .”

Resolute Forest Prods., Inc. v. United States Dep't of Agric., 187 F. Supp. 3d 100 (D.D.C. 2016). “See 7 U.S.C. § 7418 (b)(1); 5 U.S.C. § 706 (2)(A).”

Resolute Forest Prods., Inc. v. United States Dep't of Agric. (D.D.C. 2019). “Similarly, Resolute’s assertion that it is now precluded by the statute of limitations from challenging other aspects of the Checkoff Order unless the entire Order is re-promulgated, see 7 U.S.C. § 7418 (a)(4) –– an interpretation of the CPRIA never before raised in this Court…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.