Title 15 — Commerce and TradeRelease 119-73

§8709 Investigation and power to subpoena

Title 15 › Chapter CHAPTER 113— - CONCRETE MASONRY PRODUCTS RESEARCH, EDUCATION, AND PROMOTION › § 8709

Last updated Apr 6, 2026|Official source

Summary

The Secretary can investigate whenever needed to run the program well or to find people who may have broken its rules. To do that, the Secretary can make people swear to tell the truth, order people to appear and testify, collect evidence, and demand records from anywhere in the United States. The officer who runs certain administrative hearings has the same powers for those hearings. If someone refuses to obey a demand or subpoena, the Secretary can ask a federal court where the investigation is happening or where the person lives or does business to enforce it. The court can order the person to comply, and not obeying the court can be punished as contempt. Legal papers can be served where the person lives, works, or is found.

Full Legal Text

Title 15, §8709

Commerce and Trade — Source: USLM XML via OLRC

(a)The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.

(b)(1)For the purpose of conducting an investigation under subsection (a), the Secretary may 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 production of the records may be required from any place in the United States.

(2)For the purpose of an administrative hearing held under section 8707(a)(2) of this title or section 8708(c)(4) of this title, the presiding officer may 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 the records may be required from any place in the United States.

(c)(1)In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) 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 conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b).

(2)The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).

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

(4)Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8709

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73