
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: 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.
