ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

7 U.S.C. § 2279fSubpoena authority

submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 378 words · no verdicts yet

in plain englishAI-generated · not legal advice

The responsible Secretary may subpoena witnesses and documents about enforcing section 2279e or related investigations. Courts may enforce subpoenas, witnesses receive court-like fees, and published procedures must include legal review and signature requirements.

(a) The Secretary concerned may subpoena any witness’s attendance and testimony and all documentary evidence related to enforcing section 2279e or investigating a matter under that section or this section. (b) Attendance and documents may be required from anywhere in the United States at any designated hearing place. (c) If someone disobeys, the Secretary may ask the Attorney General to obtain help from a United States court in the relevant jurisdiction, including where the person resides, is found, does business, is licensed, or is incorporated. The court may order appearance, testimony, or documents; failure to obey may be punished as contempt. (d) Summoned witnesses receive the fees and mileage paid to United States-court witnesses. Deposition witnesses and the people taking depositions receive comparable court fees. (e) The Secretary must publish subpoena procedures requiring legal-sufficiency review and the Secretary’s signature. If signature authority is delegated, the receiving agency must obtain legal review outside that agency. (f) A subpoena for a court appearance or administrative testimony or evidence in any judicial district in a proceeding under section 2279e may run to any other judicial district.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary concerned shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the enforcement of section 2279e of this title or any matter under investigation in connection with this section and section 2279e of this title.

(b) Location of production

The attendance of any witness and the production of documentary evidence may be required from any place in the United States at any designated place of hearing.

(c) Enforcement of subpoena

In the case of disobedience to a subpoena by any person, the Secretary concerned may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, in requiring the attendance and testimony of any witness and the production of documentary evidence. In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary concerned and give evidence concerning the matter in question or to produce documentary evidence. Any failure to obey the court’s order may be punished by the court as a contempt of the court.

(d) Compensation

Witnesses summoned by the Secretary concerned shall be paid the same fees and mileage that are paid to witnesses in courts of the United States, and witnesses whose depositions are taken, and the persons taking the depositions shall be entitled to the same fees that are paid for similar services in the courts of the United States.

(e) Procedures

The Secretary concerned shall publish procedures for the issuance of subpoenas under this section. Such procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary concerned. If the authority to sign a subpoena is delegated, the agency receiving the delegation shall seek review for legal sufficiency outside that agency.

(f) Scope of subpoena

Subpoenas for witnesses to attend court in any judicial district or testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under section 2279e of this title may run to any other judicial district.

Source credit: (Pub. L. 106–224, title V, § 502, June 20, 2000, 114 Stat. 455; Pub. L. 107–296, title IV, § 421(h)(2), Nov. 25, 2002, 116 Stat. 2184.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-224 · 114 Stat. 455
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2184

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case