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 the order or an exemption from the order.
A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
After the hearing, the Secretary shall make a ruling on the petition which shall be final if in accordance with law.
(1) Commencement of action
The district courts of the United States in any district in which such 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.
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
If the court determines that the 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.
The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section
6207 of this title.
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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