29 U.S.C. § 1862 — Authority to obtain information
submitted 43 years ago by Pub. L. 97-470 to r/title-29-LABOR · 234 words · no verdicts yet
To enforce this chapter, the Secretary may investigate and inspect places and records, question people, gather information, subpoena witnesses and evidence, and conduct confidential investigations. Interfering unlawfully with a Labor Department official performing these duties violates the chapter.
(a) Investigation. To carry out this chapter, the Secretary* must, when appropriate and based on a complaint or otherwise, investigate. The Secretary may enter and inspect places, including housing and vehicles, inspect and copy records, question people, and gather information to determine compliance with this chapter and its regulations.
(b) Witnesses and evidence. The Secretary may subpoena witnesses to attend and testify or produce evidence, administer oaths, examine witnesses, and receive evidence. For chapter hearings or investigations, the witness and document powers in sections 49 and 50 of title 15 are available to the Secretary. Investigations must protect the confidentiality of a complainant or other person* who gives information in good faith.
(c) Prohibited acts. A person violates this chapter by unlawfully resisting, opposing, impeding, intimidating, or interfering with a Labor Department official assigned to investigate, inspect, or enforce the law while that official is performing those duties.
To carry out this chapter the Secretary*, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), question such persons and gather such information to determine compliance with this chapter, or regulations prescribed under this chapter.
The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this chapter, the authority contained in sections 49 and 50 of title 15, relating to the attendance of witnesses and the production of books, papers, and documents, shall be available to the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary in good faith.
It shall be a violation of this chapter for any person* to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function pursuant to this chapter during the performance of such duties.
Source credit: (Pub. L. 97–470, title V, § 512, Jan. 14, 1983, 96 Stat. 2598.)
- 1983Enacted · Pub. L. 97-470 · 96 Stat. 2598
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-470 on 1983-01-14.
all 0 arguments · sorted by: best
no arguments yet — make the first case