Page:United States Statutes at Large Volume 99 Part 2.djvu/509

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1619

(2) Except with respect to a referendum required to be conducted under section 1622, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this subtitle in a 2year period. (c) The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this subtitle.

Prohibition. Ante, p. 1618.

Prohibition.

REFUNDS

SEC. 1624. (a) Notwithstanding any other provision of this subtitle, prior to the approval of the continuation of an order pursuant to the referendum required under section 1622(a), any person shall have the right to demand and receive from the Board a refund of an assessment collected under section 1620 if such person— (1) is responsible for paying such assessment; and (2) does not support the program established under this subtitle. (b) 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 not later than 30 days after the end of the month in which the assessment was paid. (c) Such refund shall be made not later than 30 days after demand is received therefore on submission of proof satisfactory to the Board that the producer, person, or importer— (1) paid the assessment for which refund is sought; and (2) did not collect such assessment from another producer, person, or importer.

7 USC 4813.

Ante, p. 1614.

PETITION AND REVIEW

SEC. 1625. (a)(1) A person subject to an order may file with the Secretary a petition— (A) stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and (B) requesting a modification of such order or an exemption from such order. (2) Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) After such hearing, the Secretary shall make a determination granting or denying such petition. (b)(1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination. (2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary. (3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to— (A) make such ruling as the court shall determine to be in accordance with law; or (B) take such further proceedings as, in the opinion of the court, the law requires.

7 USC 4814.

Regulations.

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