Page:United States Statutes at Large Volume 100 Part 5.djvu/254

 100 STAT. 3728

PUBLIC LAW 99-659—NOV. 14, 1986

subsection to the extent allowed by the judicial or administrative officer presiding over such suit or action. >;,. >. (3) This subsection shall not prohibit— (A) the issuance of general or statistical statements based upon reports of a number of persons subject to the provisions of €U this title which do not identify the information furnished by any person; or (B) the publication by direction of the Secretary of the name of any person violating a requirement relating to an assessment t imposed under subsection (a) of this section or to quality stand1 ards implemented by the Secretary under section 211(c) of this title, and a statement of the particular provisions of the requirement violated by such person. Law (4) Any individual who is required to keep information confidenenforcement and tial under this subsection and who knowingly violates this subsec'^"'"^' tion shall, upon conviction, be— (A) subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or both; and "^ ^ (B) removed from office if an officer or employee of a council or the Department of Commerce. 16 USC 4013.

SEC. 214. P E T I T I O N S.

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(a) FILING OF PETITION.—Any person subject to assessment under section 213 of this title may file a written petition with the Secretary alleging that— (1) the assessment, ^"' (2) the plan approved under section 212(a)(1) of this title on which the assessment is based, or (3) any obligation imposed under the plan, is not in accordance with law and requesting the Secretary to modify or take other appropriate action regarding the assessment or plan. (b) FORM OF PETITION.—Any such petition shall be in writing and filed within the period prescribed by the Secretary. A person who files a petition under this section shall be given an opportunity for a hearing regarding the petition in accordance with regulations issued by the Secretary. After such a hearing, or if no hearing is requested, after consideration of all documentation and other evidence, the Secretary shall make a ruling upon such petition. 16 USC 4014.

SEC. 215. REFUNDS.

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Notwithstanding any other provision of this title, any person who pays an assessment under this title may demand and shall promptly receive from the council a refund of such assessment. A demand for refund must be made in accordance with the procedures, and within such time, as shall be prescribed by the council and approved by the Secretary. Procedures to provide such a refund shall be established before any such assessment may be collected. Such procedures shall allow any person to request a refund for not less than ninety days from such collection, and provide that any such refund shall be made within sixty days after demand for such refund is made. 16 USC 4015.

SEC. 216. TERMINATION OF A COUNCIL. (a) PETITION FOR TERMINATION.—(1) A petition to terminate a

council may be filed with the Secretary by no less than three sector participants in any one sector. Any petition filed under this subsec-

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