§ 499h. Grounds for suspension or revocation of license

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–436 § 8 · 46 Stat. 531

   Enacted · 7 U.S.C. § 499h

   June 10, 1930, ch. 436, § 8, 46 Stat. 535

   Source evidence

   Code source credit
   June 10, 1930, ch. 436, § 8, 46 Stat. 535

   Enacted provision · exact public law section
   Sec. 8. suspension and revocation of license Whenever the Secretary determines, as provided in section Penalties for violations of provisions herein. 6, that any commission merchant, dealer, or broker has violated any of the provisions of section 2, he may publish the facts and circumstances of such violation and/or, by order, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is a flagrant or repeated violation of such provisions, the Secretary may, by order, revoke the license of the offender.

2. 1934

   Public Law not identified

   Added · 7 U.S.C. § 499h(b)

   Subsec. (b). Act Apr. 13, 1934, added subsec. (b)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Apr. 13, 1934, added subsec. (b).

3. 1937

   Public Law not identified

   1. Inserted · 7 U.S.C. § 499h(a)

      Subsec. (a). Act Aug. 20, 1937, among other changes, inserted cl. (a) designation

   2. Inserted · 7 U.S.C. § 499h(a)

      Subsec. (a). Act Aug. 20, 1937, among other changes, inserted “or (b) any commission merchant, dealer, or broker has been found guilty in a Federal court of having violated section 499n(b) of this title” after “section 499b of this title”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 20, 1937, among other changes, inserted cl. (a) designation and inserted “or (b) any commission merchant, dealer, or broker has been found guilty in a Federal court of having violated section 499n(b) of this title” after “section 499b of this title”.

4. 1937

   Public Law not identified

   Amended · 7 U.S.C. § 499h(b)

   Subsec. (b). Act Aug. 20, 1937, amended subsec. (b) generally

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 20, 1937, amended subsec. (b) generally.

5. 1937

   Public Law not identified

   Added · 7 U.S.C. § 499h(c); 7 U.S.C. § 499h(d)

   Subsecs. (c), (d). Act Aug. 20, 1937, added subsecs. (c) and (d)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Act Aug. 20, 1937, added subsecs. (c) and (d).

6. 1956

   Public Law not identified

   Changed · 7 U.S.C. § 499h(b)

   Subsec. (b). Act July 30, 1956, provided for suspension of licenses, and restricted authority to permit employment to those cases where licenses have been revoked or suspended for failure to pay a reparation award

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act July 30, 1956, provided for suspension of licenses, and restricted authority to permit employment to those cases where licenses have been revoked or suspended for failure to pay a reparation award.

7. 1962

   Pub. L. 87–725 § 11 · 76 Stat. 673

   Amended · 7 U.S.C. § 499h(b)

   Pub. L. 87–725 amended subsec. (b) generally, and among other changes, provided that any licensee hiring any person without the Secretary’s approval in violation of this section, after notice and opportunity for hearing, may have his license suspended or revoked, that the restrictions shall apply to persons found, after notice and opportunity for hearing, to have committed any flagrant or repeated violation of section 499b of this title, but not where such violator’s license was suspended and the suspension has expired or is not in effect, and shall also apply to persons against whom there is a unpaid reparation award issued within two years, subject to appeal under section 499g(c) of this title, permitted the Secretary to approve employment at any time following nonpayment of a reparation award, or after one year following the revocation or finding of flagrant and repeated violation of section 499b of this title, if the licensee furnishes a bond as assurance that his business will be conducted in accordance with this chapter and he will pay all reparation awards issued within four years following approval, subject to appeal under section 499g(c) of this title, or without bond after two years from the effective date of the disciplinary order, authorized the Secretary to increase or decrease the amount of bond, and required licensees notified of an increased bond to provide such in a reasonable time or the approval of employment will terminate

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–725 amended subsec. (b) generally, and among other changes, provided that any licensee hiring any person without the Secretary’s approval in violation of this section, after notice and opportunity for hearing, may have his license suspended or revoked, that the restrictions shall apply to persons found, after notice and opportunity for hearing, to have committed any flagrant or repeated violation of section 499b of this title, but not where such violator’s license was suspended and the suspension has expired or is not in effect, and shall also apply to persons against whom there is a unpaid reparation award issued within two years, subject to appeal under section 499g(c) of this title, permitted the Secretary to approve employment at any time following nonpayment of a reparation award, or after one year following the revocation or finding of flagrant and repeated violation of section 499b of this title, if the licensee furnishes a bond as assurance that his business will be conducted in accordance with this chapter and he will pay all reparation awards issued within four years following approval, subject to appeal under section 499g(c) of this title, or without bond after two years from the effective date of the disciplinary order, authorized the Secretary to increase or decrease the amount of bond, and required licensees notified of an increased bond to provide such in a reasonable time or the approval of employment will terminate.

   Enacted provision · exact public law section
   Sec. 11. Section 8(b) of such Act (7 U.S.C. 499h(b)) is amended Employment of certain persons by licensees. 70 Stat. 727. to read as follows: “(b) Except with the approval of the Secretary, no licensee shall employ any person, or any person who is or has been responsibly connected with any person— “(1) whose license has been revoked or is currently suspended by order of the Secretary; “(2) who has been found after notice and opportunity for hearing to have committed any flagrant or repeated violation of section 2, but this provision shall not apply to any case in which the license of the person found to have committed such violation was suspended and the suspension period has expired or is not in effect; or “(3) against whom there is an unpaid reparation award issued within two years, subject to his right of appeal under section 7(c). The Secretary may approve such employment at any time following nonpayment of a reparation award, or after one year following the 7 USC 499b. revocation or finding of flagrant or repeated violation of section 2, if the licensee furnishes and maintains a surety bond in form and amount satisfactory to the Secretary as assurance that such licensee’s business will be conducted in accordance with this Act and that the licensee will pay all reparation awards, subject to its right of appeal under section Ante, p. 675. 7 USC 499g. 7(c), which may be issued against it in connection with transactions occurring within four years following the approval. The Secretary may approve employment without a surety bond after the expiration of two years from the effective date of the applicable disciplinary order. The Secretary, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bona. A licensee who is notified by the Secretary to provide a bond in an increased amount shall do so within a reasonable time to be specified by the Secretary, and if the licensee fails to do so the approval of employment shall automatically terminate. The Secretary may, after thirty days’ notice and an opportunity for a hearing, suspend or revoke the license of any licensee who, after the date given in such notice, continues to employ any person in violation of this section.”

8. 1991

   Pub. L. 102–237 title X § 1011(6) · 105 Stat. 1818

   1. Redesignated · 7 U.S.C. § 499h(a)

      Pub. L. 102–237 redesignated cls. (a) and (b) as (1) and (2), respectively

   2. Substituted · 7 U.S.C. § 499h(a)

      Pub. L. 102–237 substituted a period for semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–237 redesignated cls. (a) and (b) as (1) and (2), respectively, and substituted a period for semicolon at end.

   Enacted provision · exact public law section
   SEC. 1011. PERISHABLE AGRICULTURAL COMMODITIES. The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.), is amended— (1) in the first section (7 U.S.C. 499a)— (A) by striking out “That when used in this Act—” and inserting the following:

9. 1995

   Pub. L. 104–48 § 12(b) · 109 Stat. 424

   Inserted · 7 U.S.C. § 499h(b)

   Pub. L. 104–48, § 12(b), inserted at end “The Secretary may extend the period of employment sanction as to a responsibly connected person for an additional one-year period upon the determination that the person has been unlawfully employed as provided in this subsection.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–48, § 12(b), inserted at end “The Secretary may extend the period of employment sanction as to a responsibly connected person for an additional one-year period upon the determination that the person has been unlawfully employed as provided in this subsection.”

   Enacted provision · exact public law section
   (b) Extension of Employment Sanction.— Section 8(b) of such Act (7 U.S.C. 499h(b)) is amended by adding at the end the following new sentence: “The Secretary may extend the period of employment sanction as to a responsibly connected person for an additional one-year period upon the determination that the person has been unlawfully employed as provided in this subsection.”.

10. 1995

    Pub. L. 104–48 § 11 · 109 Stat. 424

    Added · 7 U.S.C. § 499h(e)

    Pub. L. 104–48, § 11, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–48, § 11, added subsec. (e).

    Enacted provision · exact public law section
    SEC. 11. IMPOSITION OF CIVIL PENALTY IN LIEU OF LICENSE SUSPENSION OR REVOCATION. Section 8 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499h), is amended by adding at the end the following new subsection: “(e) Alternative Civil Penalties.— In lieu of suspending or revoking a license under this section when the Secretary determines, as provided by section 6, that a commission merchant, dealer, or broker has violated section 2 or subsection (b) of this section, the Secretary may assess a civil penalty not to exceed $2,000 for each violative transaction or each day the violation continues. In assessing the amount of a penalty under this subsection, the Secretary shall give due consideration to the size of the business, the number of employees, and the seriousness, nature, and amount of the violation. Amounts collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.”.

6 of 12 references resolved to an enrolled provision · 6 unresolved