§ 6108. Investigations and power to subpoena

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. 1990

   Agricultural Promotion Programs Act of 1990

   Pub. L. 101–624 title XIX § 1929 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6108

   Pub. L. 101–624, title XIX, § 1929, Nov. 28, 1990, 104 Stat. 3864

   Source evidence

   Code source credit
   Pub. L. 101–624, title XIX, § 1929, Nov. 28, 1990, 104 Stat. 3864

   Enacted provision · exact public law section
   SEC. 1929. INVESTIGATIONS AND POWER TO SUBPOENA. (a) Investigations.— The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this subtitle or to determine whether any person subject to this subtitle has engaged or is engaging in any act that constitutes a violation of this subtitle or of any order, rule, or regulation issued under this subtitle. (b) Subpoenas, Oaths, and Affirmations.— (1) In general.— For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and 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 1927 or section 1928, 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 1927 or 1928 shall be within the judicial district where such person resides or has a principal place of business.

2. 1991

   Pub. L. 102–237 title VIII § 803(3) · 105 Stat. 1818

   Struck · 7 U.S.C. § 6108(b)(2)

   Pub. L. 102–237 struck out “section” after “6106 or”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6106 or”.

   Enacted provision · exact public law section
   (3) in section 1929(b)(2) (7 U.S.C. 6108(b)(2)), by striking “section” after “1927 or”.

2 of 2 references resolved to an enrolled provision