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7 U.S.C. § 7449 — Investigations and power to subpoena

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 359 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can investigate to enforce this law and find violations. The Secretary can subpoena witnesses and records from anywhere in the country. Courts can enforce those subpoenas and punish people who refuse to comply.

(a) Investigations: The Secretary may make whatever investigations the Secretary considers necessary (1) to effectively administer this subchapter, and (2) to find out whether someone has engaged in, or is engaging in, an act that violates this subchapter or an order, rule, or regulation issued under it.

(b) Subpoenas, oaths, and affirmations: (1) For an investigation under (a), the Secretary may administer oaths and affirmations, subpoena witnesses, take evidence, and issue subpoenas requiring production of records relevant to the inquiry — from anywhere in the United States. (2) For an administrative hearing under section 7447 or 7448, the presiding officer has the same powers: administering oaths and affirmations, subpoenaing and compelling witnesses to attend, taking evidence, and requiring production of relevant records, from anywhere in the United States.

(c) Aid of courts: If someone is in contempt or refuses to obey a subpoena, the Secretary may ask a federal court — in the district where the investigation or proceeding is happening, or where the person lives or does business — to help enforce the subpoena. That court may order the person to comply.

(d) Contempt: A court may punish, as contempt of court, a failure to obey its order under this section.

(e) Process: Legal process may be served on a person in the judicial district where they live or do business, or wherever they can be found.

(f) Hearing site: A hearing held under section 7447 or 7448 must take place in the judicial district where the affected person lives or has their main place of business.

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

The Secretary may make such investigations as the Secretary considers necessary—

(1)

for the effective administration of this subchapter; and

(2)

to determine whether any person has engaged or is engaging in an act that constitutes a violation of this subchapter, or an order, rule, or regulation issued under this subchapter.

(b) Subpoenas, oaths, and affirmations
(1) In general

For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, take evidence, and issue subpoenas to 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.

(2) Administrative hearings

For the purpose of an administrative hearing held under section 7447 or 7448 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena and 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 records may be required from any place in the United States.

(c) Aid of courts

In the 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 the investigation or proceeding is carried on, or where the 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 the person to comply with the subpoena.

(d) Contempt

A failure to obey an order of the court under this section may be punished by the court as contempt of the court.

(e) Process

Process may be served on a person in the judicial district in which the person resides or carries on business or wherever the person may be found.

(f) Hearing site

The site of a hearing held under section 7447 or 7448 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.

Source credit: (Pub. L. 104–127, title V, § 540, Apr. 4, 1996, 110 Stat. 1062.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1062

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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