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7 U.S.C. § 7733Subpoena authority

submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 364 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can subpoena witnesses, evidence, or inspection of property for enforcing this chapter, from anywhere in the U.S. If someone ignores a subpoena, the Secretary can ask the Attorney General to get a court to force compliance, backed by contempt penalties. Witnesses get paid like federal court witnesses, and the Secretary must publish procedures requiring subpoenas to be reviewed and personally signed.

(a) Authority to issue: The Secretary may subpoena witnesses to testify, demand production of evidence -- including books, papers, documents, electronic records, and other tangible things -- or require someone to allow inspection of premises, related to enforcing this chapter or investigating any related matter. (b) Location of production: Witnesses and evidence relevant to the inquiry can be required from anywhere in the United States. (c) Enforcement of subpoena: If someone disobeys a subpoena, the Secretary may ask the Attorney General to get help from a federal court -- wherever the investigation happens or the person lives, is found, does business, is licensed, or is incorporated -- to force the person to testify, produce evidence, or allow inspection. The court can order the person to appear before the Secretary; disobeying that court order can be punished as contempt of court. (d) Compensation: Witnesses the Secretary summons get the same fees and mileage paid to witnesses in federal courts, and people whose depositions are taken, plus the people taking those depositions, get the same fees paid for similar services in federal courts. (e) Procedures: The Secretary must publish procedures for issuing subpoenas, including a requirement that subpoenas be reviewed for legal sufficiency and personally signed by the Secretary. If that signing authority is delegated to an agency other than the Office of Administrative Law Judges, that agency must get its subpoenas reviewed for legal sufficiency by someone outside itself.
the actual law source: uscode.house.gov ↗public domain
(a) Authority to issue

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.

(b) Location of production

The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.

(c) Enforcement of Subpoena

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.

(d) Compensation

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.

(e) Procedures

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.)

history & why it existsrecord from the source credit
  • 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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