5 U.S.C. § 8125: Misbehavior at proceedings

Summary

If someone disobeys a lawful order or resists a legal process in a hearing before the Secretary of Labor or their representative, or behaves badly during or close to a hearing so it blocks the proceeding, the Secretary or their representative must report the facts to the district court where the Secretary is holding the hearing. That court must quickly hear evidence about what happened and, if the proof supports it, punish the person the same way it would for contempt of court or hold them under the same conditions as if the act had taken place in the court’s presence.

Title 5, §8125

Government Organization and Employees, Source: USLM XML via OLRC

If an individual—

(1)disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or

(2)misbehaves during a hearing or so near the place of hearing as to obstruct it;

the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 773(c).Oct. 14, 1949, ch. 691, § 208 “Sec. 23(c)”, 63 Stat. 865. The words “the district court of the United States for the District of Columbia” are omitted as included in “district court”. The words “under this subchapter” are added for clarity since this section which was formerly a subsection referred to the subsection preceding it which identified the proceedings. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

§8125 Misbehavior at Proceedings

Summary

Title 5, §8125

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata