Page:United States Statutes at Large Volume 90 Part 1.djvu/585

 PUBLIC LAW 94-294^MAY 28, 1976

90 STAT. 535

SUSPENSION AND TERMINATION OF ORDERS

SEC. 10. (a) The Secretary shall, whenever he finds that any order 7 USC 2909. issued under this Act, or any provisions) thereof, obstructs or does not tend to effectuate the declared policy of this Act, terminate or suspend the operation of such order or such provision (s) thereof. (b) The Secretary may conduct a referendum at any time, and shall Referendum, hold a referendum on request of 10 per centum or more of the number of producers voting in the referendum approving the order, to determine whether such producers favor the termination or suspension of the order, and he shall suspend or terminate such order six months after he determines that suspension or termination of the order is approved or favored by a majority of the producers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cattle, and who produced more than 50 per centum of the volume of cattle produced by the producers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this Act. PROVISIONS APPLICABLE TO AMENDMENTS

SEC. 11. The provisions of this Act applicable to orders shall be 7 USC 2910. applicable to amendments to orders. PRODUCER REFUND

SEC. 12. Notwithstanding any other provisions of this Act, any 7 USC 2911. producer against whose cattle any assessment is made and collected from him under authority of this Act and who is not in favor of supporting the programs as provided for herein shall have the right to demand and receive from the Beef Board a refund of such assessment: Provided, That such demand shall be made in accordance with regulations on a form and within a time period prescribed by the Board and approved by the Secretary but in no event more than sixty days ^^ after the end of the month in which the sale or slaughter of said cattle occurred and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor: Provided, however, That no producer shall claim or receive a refund of any portion of an assessment which he collected from other producers. PETITION AND REVIEW

SEC. 13. (a) Any person subject to any order may file a written 7 USC 2912. petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an oppor- Hearing, tunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (d) The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date

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