7 U.S.C. § 6108: Investigations and power to…

Summary

The Secretary can investigate people or groups to carry out the law and to see if anyone broke the rules or orders under it. The Secretary can make people swear to tell the truth and can order anyone to provide records that matter to the investigation, and those records can be required from anywhere in the United States. For administrative hearings, the hearing officer can also swear witnesses, require them to come, take testimony, and demand relevant records from anywhere in the United States. If a person refuses a subpoena, the Secretary can ask a federal court where the person lives, does business, or where the matter is happening to enforce it. The court can order the person to comply, and failing to obey that court order can be punished as contempt. Legal papers can be served where the person lives, works, or is found, and hearings must be held in the federal district where the person lives or has their main business.

Title 7, §6108

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(a)Investigations

The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is engaging in any act that constitutes a violation of this chapter or of any order, rule, or regulation issued under this chapter.

(b)Subpoenas, oaths, and affirmations

(1)In general

For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and 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)Administrative hearings

For the purpose of an administrative hearing held under section 6106 or 6107 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)Aid of courts

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)Contempt

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

(e)Process

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)Hearing site

The site of any hearings held under section 6106 or 6107 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 “6106 or”.

§6108 Investigations and Power to Subpoena

Summary

Title 7, §6108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata