7 U.S.C. § 7733 — Subpoena authority
submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 364 words · no verdicts yet
The Secretary may subpoena witnesses, evidence, and premises inspections for matters under this chapter. The section provides nationwide production, court enforcement, witness compensation, and subpoena procedures.
(a) Issuing subpoenas. The Secretary* may subpoena any witness’s attendance and testimony, require production of all evidence including books, papers, documents, electronically stored information, and other tangible evidence, and require the subpoenaed person* to allow inspection of premises related to administering or enforcing this chapter or investigating a chapter matter.
(b) Location. Witness attendance and relevant evidence production may be required from anywhere in the United States.
(c) Enforcement. If a person disobeys, the Secretary may ask the Attorney General to seek help from a United States court with jurisdiction where the investigation occurs or where the person lives, is found, does business, is licensed, or is incorporated. For refusal, the court may order the person to appear before the Secretary, give evidence, produce evidence, or permit* inspection. Disobeying the court’s order may be punished as contempt.
(d) Compensation. Summoned witnesses receive the same fees and mileage paid to witnesses in United States courts. Witnesses whose depositions are taken and the people taking them receive the same fees paid for similar court services.
(e) Procedures. The Secretary must publish subpoena-issuance procedures. They must require legal-sufficiency review and the Secretary’s signature. If signing authority is delegated to an agency other than the Office of Administrative Law Judges, that agency must obtain legal-sufficiency review outside itself.
The Secretary* shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person* to whom the subpoena is directed to permit* the inspection of premises relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.
The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
In the case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, in requiring the attendance and testimony of any witness, the production of evidence, or the inspection of premises. In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises. Any failure to obey the court’s order may be punished by the court as a contempt of the court.
Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid to witnesses in courts of the United States, and witnesses whose depositions are taken and the persons taking the depositions shall be entitled to the same fees that are paid for similar services in the courts of the United States.
The Secretary shall publish procedures for the issuance of subpoenas under this section. Such procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review for legal sufficiency outside that agency.
Source credit: (Pub. L. 106–224, title IV, § 423, June 20, 2000, 114 Stat. 449; Pub. L. 107–171, title X, § 10418(b)(2), May 13, 2002, 116 Stat. 508; Pub. L. 110–234, title X, § 10203(c), May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(c), June 18, 2008, 122 Stat. 1664, 2104.)
- 2000Enacted · Pub. L. 106-224 · 114 Stat. 449
- 2002Amended · Pub. L. 107-171 · 116 Stat. 508
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1343
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2104
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.
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