---
kind: "section"
citation: "7 C.F.R. § 97.300"
title: "7"
number: "97.300"
heading: "Petition to the Secretary."
url: "https://uscodex.org/cfr/7/97.300"
---

# §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)](/cfr/7/97.18.md?p=c), [97.107](/cfr/7/97.107.md), [97.201(e)](/cfr/7/97.201.md?p=e), and [97.220](/cfr/7/97.220.md).
- (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](/cfr/7/97.175.md)).
- (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](/cfr/7/1.130..1.151.md) 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.

## Notes

### Amendments

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

### Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

### Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

### Amendments

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