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15 U.S.C. § 8709 — Investigation and power to subpoena

submitted 8 years ago by Pub. L. 115-254 to r/title-15-COMMERCE-AND-TRADE · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the Secretary and hearing officers investigative and subpoena powers and allows courts to enforce subpoenas.

(a) The Secretary may investigate as necessary to administer this chapter or determine whether a person has violated or is violating the chapter, an order, or a regulation.
(b)(1) For an investigation, the Secretary may administer oaths, subpoena and compel witnesses, take evidence, and require relevant records from anywhere in the United States. (2) For an administrative hearing under section 8707(a)(2) or 8708(c)(4), the presiding officer has the same powers, and witnesses and records may be required from anywhere in the United States.
(c)(1) If a person refuses or fails to obey a subpoena, the Secretary may ask a proper U.S. court to enforce it. (2) The court may order compliance. (3) Disobeying the order may be punished as contempt. (4) Process may be served in the district where the person resides or does business, or wherever the person is found.

the actual law source: uscode.house.gov ↗public domain
(a) Investigations

The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.

(b) Subpoenas, oaths, and affirmations
(1) Investigations

For the purpose of conducting an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States.

(2) Administrative hearings

For the purpose of an administrative hearing held under section 8707(a)(2) of this title or section 8708(c)(4) of this title, the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of the records may be required from any place in the United States.

(c) Aid of courts
(1) In general

In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b).

(2) Order

The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).

(3) Failure to obey

Any failure to obey the order of the court may be punished by the court as a contempt of court.

(4) Process

Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found.

Source credit: (Pub. L. 115–254, div. E, § 1310, Oct. 5, 2018, 132 Stat. 3482.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3482

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.

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