§252 — Title 7 Agriculture | U.S. Code

Summary

The Secretary can suspend or cancel any license or approval given under this chapter after giving notice and a chance for a hearing. This can happen for a serious breach or failure to follow the chapter or its rules, or if charges for services are unreasonable or too high. The Secretary may also temporarily suspend a license or approval before a hearing if there is a violation. The Department agency that runs these rules is the only one that can hold the required hearings. Any final decision after a hearing can be reviewed only in a district court of the United States, and that review must follow the standards in section 706(2) of title 5.

Title 7, §252

Agriculture — Source: USLM XML via OLRC

(a)After providing notice and an opportunity for a hearing in accordance with this section, the Secretary may suspend or revoke any license issued, or approval for an activity provided, under this chapter—

(1)for a material violation of, or failure to comply, with any provision of this chapter (including regulations promulgated under this chapter); or

(2)on the ground that unreasonable or exorbitant charges have been imposed for services rendered.

(b)The Secretary may temporarily suspend a license or approval for an activity under this chapter prior to an opportunity for a hearing for any violation of, or failure to comply with, any provision of this chapter (including regulations promulgated under this chapter).

(c)The agency within the Department that is responsible for administering regulations promulgated under this chapter shall have exclusive authority to conduct any hearing required under this section.

(d)(1)A final administrative determination issued subsequent to a hearing may be reviewable only in a district court of the United States.

(2)The review shall be conducted in accordance with the standards set forth in section 706(2) of title 5.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 252, acts Aug. 11, 1916, ch. 313, pt. C, § 11, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, § 6, 46 Stat. 1464, authorized license to classify, grade, or weigh agricultural products, prior to the general amendment of this chapter by Pub. L. 106–472. See section 242 of this title. A prior section 13 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 254 of this title, prior to the general amendment of this chapter by Pub. L. 106–472.

§252 Suspension or Revocation of Licenses

Summary

Title 7, §252

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata