7 U.S.C. § 6208: Investigations and power to…

Summary

The Secretary may carry out investigations needed to do the job or to see if someone broke the rules under this chapter. For those investigations, the Secretary can make people swear to tell the truth and can issue subpoenas to get records that matter to the inquiry from any place in the U.S. For administrative hearings under sections 6206 or 6207, the hearing officer can also take oaths, call witnesses, force them to attend, collect evidence, and require records from anywhere in the U.S. If someone refuses to obey a subpoena, the Secretary can ask a U.S. court where the investigation is happening, or where the person lives or does business, to enforce it. The court can order compliance and may punish anyone who disobeys that order for contempt. Papers can be served where the person lives, does business, or is found. Hearings under 6206 or 6207 must be held in the federal district where the person lives or has their main place of business.

Title 7, §6208

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(a)In general

The Secretary may make such investigations as the Secretary considers necessary—

(1)for the effective carrying out of the responsibilities of the Secretary under this chapter; or

(2)to determine whether a person subject to the provisions of this chapter has engaged or is engaging in any act that constitutes a violation of any provision of this chapter, or any order, rule, or regulation issued under this chapter.

(b)Power to subpoena

(1)Investigations

For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may 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 6206 or 6207 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 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 of 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 6206 or 6207 of this title shall be within the judicial district where such person is an inhabitant or has a principal place of business.

Editorial Notes

Amendments

1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6206 or”.

§6208 Investigations and Power to Subpoena

Summary

Title 7, §6208

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata