7 U.S.C. § 252

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 252 - Suspension or revocation of licenses
(a) In general

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) Temporary suspension

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) Authority to conduct hearings

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) Judicial review
(1) Jurisdiction

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

(2) Procedure

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

7 U.S.C. § 252

Aug. 11, 1916, ch. 313, pt. C, §13, as added Pub. L. 106-472, title II, §201, Nov. 9, 2000, 114 Stat. 2067.

EDITORIAL NOTES

PRIOR PROVISIONSA 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.

Department
The term "Department" means the Department of Agriculture.
Secretary
The term "Secretary" means the Secretary of Agriculture.
approval
The term "approval" means the consent provided by the Secretary for a person to engage in an activity authorized by this chapter.