§4610a — Title 7 Agriculture | U.S. Code

Summary

The Secretary can investigate whenever needed to run the program or to find out if someone broke the rules. For those investigations, the Secretary can make people swear to tell the truth and can issue subpoenas for any records that matter to the inquiry from anywhere in the United States. At agency hearings, the hearing officer can also swear witnesses, subpoena and require witnesses to attend, take evidence, and demand relevant records from anywhere in the United States. If someone refuses a subpoena, the Secretary can ask a federal court where the matter is being handled or where the person lives or does business to enforce it. The court can order the person to comply, and ignoring that court order can be punished as contempt. Legal papers may be served where the person lives, works, or is found. Hearings must be held in the federal district where the person lives or has a main place of business.

Title 7, §4610a

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may make such investigations as the Secretary determines necessary—

(1)for the effective administration of this chapter; or

(2)to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any order, rule, or regulation issued under this chapter.

(b)(1)For the purpose of an investigation made under subsection (a), the Secretary is authorized to administer oaths and affirmations and to issue a subpoena 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)For the purpose of an administrative hearing held under section 4609 or 4610 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States.

(c)In 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 such investigation or proceeding is carried on, or where such 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 such person to comply with such a subpoena.

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

(e)Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.

(f)The site of any hearings held under section 4609 or 4610 of this title shall be within the judicial district where such person resides or has a principal place of business.

Editorial Notes

Amendments

1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “4609 or”.

§4610a Investigations and power to subpoena

Summary

Title 7, §4610a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata