
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1359ii]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
      subpart vii--marketing quotas--sugar and crystalline fructose
 
Sec. 1359ii. Appeals


(a) In general

    An appeal may be taken to the Secretary from any decision under 
section 1359dd of this title establishing allocations of marketing 
allotments, or under section 1359ff of this title, by any person 
adversely affected by reason of any such decision.

(b) Procedure

                        (1) Notice of appeal

        Any such appeal shall be taken by filing with the Secretary, 
    within 20 days after the decision complained of is effective, notice 
    in writing of the appeal and a statement of the reasons therefor. 
    Unless a later date is specified by the Secretary as part of the 
    Secretary's decision, the decision complained of shall be considered 
    to be effective as of the date on which announcement of the decision 
    is made. The Secretary shall deliver a copy of any notice of appeal 
    to each person shown by the records of the Secretary to be adversely 
    affected by reason of the decision appealed, and shall at all times 
    thereafter permit any such person to inspect and make copies of 
    appellant's reasons for the appeal and shall on application permit 
    the person to intervene in the appeal.

                             (2) Hearing

        The Secretary shall provide each appellant an opportunity for a 
    hearing before an administrative law judge in accordance with 
    sections 554 and 556 of title 5. The expenses for conducting the 
    hearing shall be reimbursed by the Commodity Credit Corporation.

(Feb. 16, 1938, ch. 30, title III, Sec. 359i, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3487; amended Pub. L. 102-
237, title I, Sec. 111(k), Dec. 13, 1991, 105 Stat. 1836.)


                               Amendments

    1991--Subsec. (b)(2). Pub. L. 102-237 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``The Secretary shall 
provide each appellant an opportunity for a hearing. The Secretary shall 
appoint an administrative law judge to conduct a hearing on the record 
on each appeal under this section. In all other respects, each appeal 
under this section shall be subject to sections 551 through 559, and 701 
through 706, of title 5.''


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(E) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1359jj of this title.
