7 U.S.C. § 252 — Suspension or revocation of licenses
submitted 110 years ago by Pub. L. 106-472 to r/title-7-AGRICULTURE · 197 words · no verdicts yet
The Secretary of Agriculture may suspend or revoke a warehouse license after notice and a hearing. Grounds include breaking the rules or charging unreasonable fees for services. A federal district court can review the final decision under a set legal standard.
(a) In general: After giving notice and a chance for a hearing, the Secretary* may suspend or revoke a license issued, or an approval* for an activity given, under this chapter — (1) for a material violation of, or failure to comply with, any provision of this chapter (including its regulations); or (2) because unreasonable or excessive charges were imposed for services provided.
(b) Temporary suspension: The Secretary may temporarily suspend a license or activity approval under this chapter, even before a hearing takes place, for any violation of, or failure to comply with, this chapter or its regulations.
(c) Authority to conduct hearings: Only the Department* agency responsible for administering the regulations under this chapter has exclusive authority to conduct any hearing this section requires.
(d) Judicial review: (1) Jurisdiction: A final administrative determination made after a hearing may only be reviewed in a U.S. district court. (2) Procedure: That review follows the standards set out in section 706(2) of title 5.
After providing notice and an opportunity for a hearing in accordance with this section, the Secretary* may suspend or revoke any license issued, or approval* for an activity provided, under this chapter—
for a material violation of, or failure to comply, with any provision of this chapter (including regulations promulgated under this chapter); or
on the ground that unreasonable or exorbitant charges have been imposed for services rendered.
The Secretary may temporarily suspend a license or approval for an activity under this chapter prior to an opportunity for a hearing for any violation of, or failure to comply with, any provision of this chapter (including regulations promulgated under this chapter).
The agency within the Department* that is responsible for administering regulations promulgated under this chapter shall have exclusive authority to conduct any hearing required under this section.
A final administrative determination issued subsequent to a hearing may be reviewable only in a district court of the United States.
The review shall be conducted in accordance with the standards set forth in section 706(2) of title 5.
Source credit: (Aug. 11, 1916, ch. 313, pt. C, § 13, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2067.)
- 1916Enacted · Pub. L. 106-472 · 114 Stat. 2067
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-472 on 1916-08-11.
all 0 arguments · sorted by: best
no arguments yet — make the first case