7 USC § 1359ii - Appeals

---
identifier: "/us/usc/t7/s1359ii"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 1359ii - Appeals"
title_number: 7
title_name: "AGRICULTURE"
section_number: "1359ii"
section_name: "Appeals"
chapter_number: 35
chapter_name: "GENERAL PROVISIONS"
subchapter_number: "II"
subchapter_name: "LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES"
part_number: "B"
part_name: "Marketing Quotas"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Feb. 16, 1938, ch. 30, title III, § 359i, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 202; amended Pub. L. 110–234, title I, § 1403(h), May 22, 2008, 122 Stat. 988; Pub. L. 110–246, § 4(a), title I, § 1403(h), June 18, 2008, 122 Stat. 1664, 1716.)"
---


# § 1359ii. Appeals

**(a)** **In general** section 1359dd of this title

An appeal may be taken to the Secretary from any decision under  establishing allocations of marketing allotments, or under section 1359ff or 1359gg(d) 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.

---

**Source Credit**: (Feb. 16, 1938, ch. 30, title III, § 359i, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 202; amended Pub. L. 110–234, title I, § 1403(h), May 22, 2008, 122 Stat. 988; Pub. L. 110–246, § 4(a), title I, § 1403(h), June 18, 2008, 122 Stat. 1664, 1716.)

## Editorial Notes

### Codification

and  made identical amendments to this section. The amendments by  were repealed by .

### Prior Provisions

A prior section 1359ii, , as added , , ; amended , , , related to appeals, prior to the general amendment of this subpart by .

### Amendments

2008—Subsec. (a). , inserted “or 1359gg(d)” after “1359ff”.

Subsec. (c). , struck out subsec. (c) which related to special appeal process regarding beet sugar allocations.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of  by  effective , the date of enactment of , see , set out as an Effective Date note under .