Page:United States Statutes at Large Volume 110 Part 1.djvu/1084

 110 STAT. 1060 PUBLIC LAW 104-127—APR. 4, 1996 (D) ACTION BY SECRETARY.— As soon as practicable following the submission of a request for an additional ref- erendum, the Secretary shall determine whether a sufficient number of producers have requested the referendum, and take such steps as are necessary to conduct the referendum, as required under paragraph (1). (E) TIME LIMIT.— An additional referendum requested under the procedures provided in this paragraph shall be conducted not later than 1 year after the Secretary determines that a representative group of producers, as described in paragraph (1)(B), have requested the conduct of the referendum. (c) PROCEDURES.— (1) REIMBURSEMENT OF SECRETARY.—The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of an activity required under this section. (2) DATE. —Each referendum shall be conducted for a reasonable period of time not to exceed 3 days, established by the Secretary, under a procedure under which producers intending to vote in the referendum shall certify that the producers were engaged in the production of canola, rapeseed, or canola or rapeseed products during the representative period and, at the same time, shall be provided an opportunity to vote in the referendum. (3) PLACE.— Referenda under this section shall be conducted at locations determined by the Secretary. On request, absentee mail ballots shall be furnished by the Secretary in a manner prescribed by the Secretary. 7 USC 7447. SEC. 538. PETITION AND REVIEW. (a) PETITION.— (1) IN GENERAL.—^A person subject to an order issued under this subtitle may file with the Secretary a petition— (A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not established in accordance with law; and (B) requesting a modification of the order or gm exemption from the order. (2) HEARINGS. —The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. (3) RULING.— After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law. (4) LIMITATION ON PETITION.—Any petition filed under this subtitle challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation. (b) REVIEW. — Courts. (1) COMMENCEMENT OF ACTION. — The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days

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