§210 Proceedings Before Secretary for Violations

Summary

Anyone who says a stockyard owner, market agency, or dealer broke the rules must file a short petition with the Secretary within 90 days of when the problem happened. The Secretary will send the petition to the person accused (called the defendant) and give them a set time to fix the problem or answer in writing. If the defendant fixes it, they are only cleared for that one violation. If they do not fix it, or if there is reason to look further, the Secretary must investigate. A State or Territory agency that oversees stockyards can ask the Secretary to investigate the same way. The Secretary can also start an investigation on his own about any matter covered by these rules. Complaints cannot be thrown out just because the person who complained was not directly harmed. After a hearing, if the Secretary decides the complainant should get money, the Secretary will order the defendant to pay by a specific date. If the defendant does not pay, the complainant (or someone who benefits from the order) may, within one year of that order, file a court case in federal court where they live or where the defendant’s main business is, or in a state court that has general jurisdiction. The Secretary’s findings count as initial evidence in that court. The complainant will not have to pay court costs unless those costs come from an appeal. If the complainant wins in the end, they can get a reasonable lawyer’s fee added to the costs.