Page:United States Statutes at Large Volume 110 Part 1.djvu/1106

 110 STAT. 1082 PUBLIC LAW 104-127—APR. 4, 1996 (d) METHOD OF CONDUCTING REFERENDUM. — Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary. (e) CONFIDENTIALITY OF BALLOTS AND OTHER INFORMATION. — (1) IN GENERAL. — The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed. (2) PENALTY FOR VIOLATIONS.— An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 575(i)(3)(C)(ii). 7 USC 7486. SEC. 577. PETITION AND REVIEW. (a) PETITION. — (1) IN GENERAL.— ^A person subject to an order 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 obligation or an exemption from the order or obligation. (2) STATUTE OF LIMITATIONS.—^A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation. (3) 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. (4) RULING. —After a hearing under paragraph (3), 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. Courts. (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 a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4). (2) PROCESS. —Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary. (3) REMANDS.—I f the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) is not in accordance with applicable 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 proceedings as, in the opinion of the court, the law requires. (c) ENFORCEMENT.— The pendency of proceedings instituted under subsection (a) may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 578. 7 USC 7487. SEC. 578. ENFORCEMENT. (a) IN GENERAL.— The Secretary may issue an enforcement order to restrain or prevent any person from violating an order or regulation issued under this subtitle and may assess a civil penalty of not more than $1,000 for each violation of the enforce-

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