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Title 7 — Agriculture

Chapter 89 — Pecan Promotion and Research

§ 6010. Investigations and power to subpoena

Statutory text

(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.

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. Pecan Promotion and Research Act of 1990

    Pub. L. 101–624 title XIX § 1915 · 104 Stat. 3359

    Enacted · 7 U.S.C. § 6010

    Pub. L. 101–624, title XIX, § 1915, Nov. 28, 1990, 104 Stat. 3852

    Source evidence

    Code source credit
    Pub. L. 101–624, title XIX, § 1915, Nov. 28, 1990, 104 Stat. 3852

    Enacted provision · exact public law section
    SEC. 1915. 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 subtitle; 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 subtitle, or of any plan, rule, or regulation issued under this subtitle. (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 1913 or section 1914, 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 1913 or 1914 shall be within the judicial district where such person resides or has a principal place of business.

  2. Pub. L. 102–237 title VIII § 802(3) · 105 Stat. 1818

    Struck · 7 U.S.C. § 6010(b)(2)

    Pub. L. 102–237 struck out “section” after “6008 or”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6008 or”.

    Enacted provision · exact public law section
    (3) in section 1915(b)(2) (7 U.S.C. 6010(b)(2)), by striking “section” after “1913 or”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6008 or”.

Credits

1990–1991 · 2 acts
  1. 1990Pub. L. 101–624, title XIX, § 1915, , 104 Stat. 3852
  2. 1991Pub. L. 102–237, title VIII, § 802(3), , 105 Stat. 1882.
Show as published

(Pub. L. 101–624, title XIX, § 1915, , 104 Stat. 3852; Pub. L. 102–237, title VIII, § 802(3), , 105 Stat. 1882.)

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