7 U.S.C. § 2115 — Investigations by Secretary; subpenas; oaths and affirmations; judicial aid
submitted 60 years ago by Pub. L. 89-502 to r/title-7-AGRICULTURE · 271 words · no verdicts yet
This section gives the Secretary power to investigate possible violations under this chapter. It also lets the Secretary compel witnesses and records, ask a court for help when someone refuses to comply, and serve process in the district where that person lives or wherever the person is found.
The Secretary* may conduct investigations that he considers necessary to carry out his responsibilities under this chapter effectively or to determine whether a handler* or any other person* has engaged, or is about to engage, in acts or practices that violate or would violate a provision of this chapter or an order, rule, or regulation issued under this chapter. For any such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, require them to attend, take evidence, and require the production of books, papers, and documents relevant to the inquiry. The Secretary may require witnesses to attend and records to be produced from anywhere in the United States*. If a person, including a handler, refuses to obey a subpoena or otherwise refuses to comply, the Secretary may ask any United States court for help if the investigation or proceeding is being conducted within that court’s jurisdiction, or if the person lives or does business there. The Secretary may ask the court to require the person to attend and testify and to produce books, papers, and documents. The court may order the person to appear before the Secretary, produce records if ordered, or give testimony about the matter under investigation. The court may punish a failure to obey its order as contempt of court. In any such case, process may be served in the judicial district where the person is an inhabitant or wherever the person may be found.
The Secretary* may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this chapter or to determine whether a handler* or any other person* has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or of any order, or rule or regulation issued under this chapter. For the purpose of any such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States*. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found.
Source credit: (Pub. L. 89–502, § 16, July 13, 1966, 80 Stat. 285; Pub. L. 91–452, title II, § 206(a), Oct. 15, 1970, 84 Stat. 929.)
- 1966Enacted · Pub. L. 89-502 · 80 Stat. 285
- 1970Amended · Pub. L. 91-452 · 84 Stat. 929
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-502 on 1966-07-13.
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