7 U.S.C. § 6010 — Investigations and power to subpoena
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 354 words · no verdicts yet
This section authorizes the Secretary to investigate violations and issue subpoenas. It provides rules for hearings, court help, contempt, service of process, and hearing locations.
(a) In general The Secretary* may make that investigations as the Secretary determines necessary:
(1) for the effective administration of this chapter; or
(2) to determine whether a person* has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any plan*, rule, or regulation issued under this chapter.
(b) Power to subpoena
(1) Investigations For the purpose of an investigation made under subsection
(a), the Secretary is authorized to administer oaths and affirmations and to issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any that records may be required from any place in the United States*.
(2) Administrative hearings For the purpose of an administrative hearing held under section 6008 or 6009 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any that records may be required from any place in the United States.
(c) Aid of courts In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which that investigation or proceeding is carried on, or where that person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection
(b). The court may issue an order requiring that person to comply with that a subpoena.
(d) Contempt Any failure to obey that order of the court may be punished by that court as a contempt of it.
(e) Process Process in any that case may be served in the judicial district* in which that person resides or conducts business or wherever that person may be found.
(f) Hearing site The site of any hearings held under section 6008 or 6009 of this title must be within the judicial district where that person resides or has a principal place of business.
The Secretary* may make such investigations as the Secretary determines necessary—
for the effective administration of this chapter; or
to determine whether a person* has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any plan*, rule, or regulation issued under this chapter.
For the purpose of an investigation made under subsection (a), the Secretary is authorized to administer oaths and affirmations and to issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States*.
For the purpose of an administrative hearing held under section 6008 or 6009 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that 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 subpoena issued 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 order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
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 resides or conducts business or wherever such person may be found.
The site of any hearings held under section 6008 or 6009 of this title shall be within the judicial district where such person resides or has a principal place of business.
Source credit: (Pub. L. 101–624, title XIX, § 1915, Nov. 28, 1990, 104 Stat. 3852; Pub. L. 102–237, title VIII, § 802(3), Dec. 13, 1991, 105 Stat. 1882.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3852
- 1991Amended · Pub. L. 102-237 · 105 Stat. 1882
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
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