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7 U.S.C. § 7469Investigations and power to subpoena

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can investigate whether the kiwifruit rules are being followed and can subpoena records from anywhere in the country to do so. Hearing officers in enforcement proceedings have similar subpoena powers, and courts can enforce a subpoena and punish anyone who defies a court order as in contempt.

(a) In general. The Secretary can investigate as needed (1) to carry out duties under this law, or (2) to find out whether someone has violated this law or any related order, rule, or regulation. (b) Power to subpoena. (1) For investigations, the Secretary can put people under oath and subpoena records relevant to the inquiry from anywhere in the United States. (2) For administrative hearings under sections 7467 or 7468, the officer presiding can put people under oath, subpoena witnesses, make them attend, take evidence, and require relevant records from anywhere in the country. (c) Aid of courts. If someone refuses to comply with or defies a subpoena, the Secretary can ask a federal court — where the investigation is happening or where the person lives or does business — to order them to comply. (d) Contempt. If someone disobeys that court order, the court can punish them for contempt of court. (e) Process. Legal papers in these cases can be served in the district where the person lives or does business, or wherever they can be found. (f) Hearing site. Hearings held under sections 7467 or 7468 take place in the district where the affected person lives or has their main place of business.
the actual law source: uscode.house.gov ↗public domain
(a) In general

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

(1)

for the effective carrying out of the responsibilities of the Secretary under this subchapter; or

(2)

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

(b) Power to subpoena
(1) Investigations

For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue subpoenas 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.

(2) Administrative hearings

For the purpose of an administrative hearing held under section 7467 or 7468 of this title, the presiding officer is authorized to 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 any such 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 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, 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

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

(e) Process

Process in any such case may be served 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 any hearing held under section 7467 or 7468 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, § 560, Apr. 4, 1996, 110 Stat. 1072.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1072

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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