Page:United States Statutes at Large Volume 108 Part 5.djvu/734

 108 STAT. 4224 PUBLIC LAW 103-407—OCT. 22, 1994 (3) PLACE. —Referenda under this section shall be conducted at locations determined by the Secretary. Absentee mail ballots shall be furnished by the Secretary on request made in person, by mail, or by telephone. (4) ALLOCATION OF PRODUCTION. — The Secretary shall determine a method of allocating, by a pro rata percentage of annual projected or actual assessments from importers, the volume of production represented by importers in referenda conducted pursuant to this section. 7 USC 7106. SEC. 7. PETITION AND REVIEW. (a) PETITION.— (1) IN GENERAL.— ^A person subject to an order issued under this Act 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) HEARINGS. — The petitioner shall be given 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 ruUng shall be final if the ruling is in accordance with law. (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 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 ruling by the Secretary under subsection (a)(3). (2) PROCESS. —Service of process in a proceeding may be conducted on the Secretary by dehvering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process. (3) REMANDS. —If 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 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. 7 USC 7107. SEC. 8. ENFORCEMENT. (a) JURISDICTION.— Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation issued under this Act. (b) REFERRAL TO ATTORNEY GENERAL. —^A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this Act, if the Secretary believes that the administration and enforcement of this Act would be adequately served by providing a suitable

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