7 U.S.C. § 6010

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6010 - Investigations and power to subpoena

(a) In general

The Secretary may make such investigations as the Secretary determines necessary-

(1) for the effective administration of this chapter; or

(2) to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any plan, 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 is authorized to administer oaths and affirmations and to 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 6008 or 6009 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 6008 or 6009 of this title shall be within the judicial district where such person resides or has a principal place of business.

7 U.S.C. § 6010

Pub. L. 101-624, title XIX, §19151915,, 104 Stat. 3852; Pub. L. 102-237, title VIII, §802(3), Dec. 13, 1991, 105 Stat. 1882.

EDITORIAL NOTES

AMENDMENTS1991-Subsec. (b)(2). Pub. L. 102-237 struck out "section" after "6008 or".

Secretary: The term "Secretary" means the Secretary of Agriculture.
United States: The term "United States" means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
district: The term "district" means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately one-fourth of the volume of pecans produced in the United States.
person: The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
plan: The term "plan" means a plan issued under section 6003 of this title.