PRIA, Government Policy, Made Personal

Summary

When the Secretary thinks a packer or swine contractor broke the rules, he must give them a written complaint that names the charges and sets a hearing at least 30 days later. At the hearing the packer can see the evidence, cross-examine witnesses, speak for themselves or use a lawyer, and bring witnesses. Someone else may ask to join the case for a good reason. The Secretary can change the complaint before the hearing ends; if new charges are added, the hearing can be postponed up to 15 days if requested. If the Secretary finds a violation, he must write down the facts and order the packer to stop the violation. The hearing testimony becomes part of the Agriculture Department record. The Secretary may also fine up to $10,000 for each violation, weighing how serious it was, the size of the business, and whether the fine would stop the business from operating. If the fine is not paid after appeals are done, the Secretary can send the case to the Attorney General to collect in federal district court. The Secretary may change or cancel the report or order before the record is filed in a U.S. court of appeals, but must give notice and a chance to be heard. Complaints and orders may be served the same way as in section 45 of title 15.

Title 7, §193

Agriculture, Source: USLM XML via OLRC

(a)Complaint; hearing; intervention

Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer or swine contractor a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer or swine contractor, be adjourned for a period not exceeding fifteen days.

(b)Report and order; penalty

If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer or swine contractor an order requiring such packer or swine contractor to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

(c)Amendment of report or order

Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 194 of this title, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer or swine contractor to be heard, may amend or set aside the report or order, in whole or in part.

(d)Service of process

Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of title 15.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsecs. (a) to (c). Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing. 1976—Subsec. (b). Pub. L. 94–410 inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty. 1958—Subsec. (c). Pub. L. 85–791 struck out “a transcript of” after “until”.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, as amended by act

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

Executive Documents

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

§193 Procedure Before Secretary for Violations