7 U.S.C. § 2909 — Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process
submitted 50 years ago by Pub. L. 94-294 to r/title-7-AGRICULTURE · 244 words · no verdicts yet
This section authorizes the Secretary to investigate how this chapter is administered and whether a person subject to this chapter has violated, or is about to violate, the chapter, an order, or a rule or regulation under the chapter. It gives the Secretary power to administer oaths, subpoena witnesses and records, and ask a court to enforce those demands and punish disobedience as contempt.
The Secretary* may conduct investigations that the Secretary considers necessary to administer this chapter effectively or to determine whether any person* subject to this chapter has engaged, or is about to engage, in an act that violates or will violate this chapter, the order*, or a rule or regulation issued under this chapter. This section does not define “person subject to this chapter,” “the order,” or “contumacy.”
For the investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, require them to attend, take evidence, and require the production of records 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 is contumacious or refuses to obey a subpoena, the Secretary may ask any United States court for help. The court must be in the jurisdiction where the investigation or proceeding is being conducted, or where the person lives or does business. The Secretary may ask the court to require the person to attend and testify and to produce records.
The court may order the person to appear before the Secretary to produce records or give testimony about the matter under investigation. The court may punish a failure to obey its order as contempt of court.
Process in such a case may be served in the judicial district where the person lives or wherever the person is found. This section does not define “process” or “judicial district.”
The Secretary* may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person* subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order*, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States*. In case of contumacy by, or refusal to obey a subpoena to, any person, 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 the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
Source credit: (Pub. L. 94–294, § 10, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.)
- 1976Enacted · Pub. L. 94-294 · 90 Stat. 535
- 1985Amended · Pub. L. 99-198 · 99 Stat. 1606
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-294 on 1976-05-28.
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