TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

SUBCHAPTER E - COMMODITY LABORATORY TESTING PROGRAMS

PART 97 - PLANT VARIETY AND PROTECTION

97.300 - Petition to the Secretary.

  (a) Petition may be made to the Secretary from any final action of the Commissioner denying an application or refusing to allow a certificate to be issued, or from any adverse decision of the Commissioner made under 97.18(c), 97.107, 97.201(e), and 97.220.

  (b) Any such petition shall contain a statement of the facts involved and the point or points to be reviewed, and the actions requested.

  (c) A petition to the Secretary shall be filed in duplicate and accompanied by the prescribed fee (see 97.175).

  (d) Upon request, an opportunity to present data, views, and arguments orally, in an informal manner or in a formal hearing, shall be given to interested persons. If a formal hearing is requested, the proceeding shall be conducted in accordance with the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes set forth in 1.130 through 1.151 of this title.

  (e) Except as otherwise provided in the rules in this part, any such petition not filed within 60 days from the action complained of shall be dismissed as untimely.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 8464, Feb. 14, 1995]