§ 228b-3. — Judicial review of order regarding live poultry dealer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC228b-3]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 228b-3. Judicial review of order regarding live poultry
dealer
(a) Finality of order unless appeal to court of appeals; time limit;
bond
An order made under section 228b-2 of this title shall be final and
conclusive unless within 30 days after service the live poultry dealer
appeals to the court of appeals for the circuit in which he has his
principal place of business, by filing with the clerk of such court a
written petition praying that the Secretary's order be set aside or
modified in the manner stated in the petition, together with a bond in
such sum as the court may determine, conditioned that such live poultry
dealer will pay the costs of the proceedings if the court so directs.
(b) Notification of appeal to Secretary; filing of record with court
The clerk of the court shall immediately cause a copy of the
petition to be delivered to the Secretary, and the Secretary shall
thereupon file in the court the record in such proceedings, as provided
in section 2112 of title 28. If before such record is filed the
Secretary amends or sets aside his report or order, in whole or in part,
the petitioner may amend the petition within such time as the court may
determine, on notice to the Secretary.
(c) Issuance of temporary injunction
At any time after such petition is filed, the court, on application
of the Secretary, may issue a temporary injunction, restraining, to the
extent it deems proper, the live poultry dealer and his officers,
directors, agents, and employees, from violating any of the provisions
of the order pending the final determination of the appeal.
(d) Evidence in record as evidence in case; expedited proceedings
The evidence so taken or admitted, and filed as aforesaid as a part
of the record, shall be considered by the court as the evidence in the
case. The proceedings in such cases in the court of appeals shall be
made a preferred cause and shall be expedited in every way.
(e) Action by court
The court may affirm, modify, or set aside the order of the
Secretary.
(f) Taking of additional evidence; modified or additional findings by
Secretary
If the court determines that the just and proper disposition of the
case requires the taking of additional evidence, the court shall order
the hearing to be reopened for the taking of such evidence, in such
manner and upon such terms and conditions as the court may deem proper.
The Secretary may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and he shall
file such modified or new findings and his recommendations, if any, for
the modification or setting aside of his order, with the return of such
additional evidence.
(g) Affirmance or modification of order as injunction
If the court of appeals affirms or modifies the order of the
Secretary, its decree shall operate as an injunction to restrain the
live poultry dealer, and his officers, directors, agents, and employees
from violating the provisions of such order or such order as modified.
(h) Exclusive jurisdiction of court of appeals; finality of decree;
appeal to Supreme Court; stay of decree
The court of appeals shall have jurisdiction which upon the filing
of the record with it shall be exclusive, to review, and to affirm, set
aside, or modify, such orders of the Secretary, and the decree of such
court shall be final except that it shall be subject to review by the
Supreme Court of the United States upon certiorari, as provided in
section 1254 of title 28, if such writ is duly applied for within 60
days after entry of the decree. The issue of such writ shall not operate
as a stay of the decree of the court of appeals, insofar as such decree
operates as an injunction, unless so ordered by the Supreme Court.
(Aug. 15, 1921, ch. 64, title IV, Sec. 412, as added Pub. L. 100-173,
Sec. 9(2), Nov. 23, 1987, 101 Stat. 921.)
Effective Date
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
Section Referred to in Other Sections
This section is referred to in sections 228b-2, 228b-4 of this
title.
