§ 1599. — Cease and desist proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1599]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1599. Cease and desist proceedings
(a) Hearing
Whenever the Secretary of Agriculture has reason to believe that any
person has violated or is violating any of the provisions of this
chapter or the rules and regulations made and promulgated thereunder, he
shall cause a complaint in writing to be served upon the person, stating
his charges in that respect, and requiring the person to attend and
testify at a hearing at a time and place designated therein, at least
thirty days after the service of such complaint; and at such time and
place there shall be afforded the person a reasonable opportunity to be
informed as to the evidence introduced against him (including the right
of cross-examination), and to be heard in person or by counsel and
through witnesses, under such rules and regulations as the Secretary of
Agriculture may prescribe. At any time prior to the close of the hearing
the Secretary of Agriculture may amend the complaint; but in case of any
amendment adding new provisions the hearing shall, on the request of the
person, be adjourned for a period not exceeding fifteen days.
(b) Report of Secretary of Agriculture
If, after such hearing, the Secretary of Agriculture finds that the
person has violated or is violating any provisions of the chapter or
rules and regulations covered by the charges, he shall make a report in
writing in which he shall state his findings as to the facts, and shall
issue and cause to be served on the person an order requiring such
person to cease and desist from continuing such violation. The testimony
taken at the hearing shall be reduced to writing and filed in the
records of the Department of Agriculture.
(c) Amendment of report
Until the record in such hearing has been filed in a court of
appeals as provided in section 1600 of this title, the Secretary of
Agriculture at any time, upon such notice and in such manner as he deems
proper, but only after reasonable opportunity to the person to be heard,
may amend or set aside the report or order, in whole or in part.
(d) Service
Complaints, orders, and other processes of the Secretary of
Agriculture under this section may be served by anyone duly authorized
by the Secretary of Agriculture, either (1) by delivering a copy thereof
to the person to be served, or to a member of the partnership to be
served, or to the president, secretary, or other executive officer or a
director of the corporation to be served; or (2) by leaving a copy
thereof at the principal office or place of business of such person,
partnership, or corporation; or (3) by mailing a copy thereof by
registered mail or by certified mail addressed to such person,
partnership, or corporation at his or its last known principal office or
place of business. The verified return by the person so serving said
complaint, order, or other process setting forth the manner of said
order shall be proof of the same, and the return postoffice receipt for
said complaint, order, or other process mailed by registered mail or by
certified mail as aforesaid shall be proof of the service of the same.
(Aug. 9, 1939, ch. 615, title IV, Sec. 409, 53 Stat. 1287; June 25,
1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(a), Aug. 28, 1958, 72
Stat. 949; Pub. L. 86-507, Sec. 1(7), June 11, 1960, 74 Stat. 200.)
Amendments
1960--Subsec. (d). Pub. L. 86-507 substituted ``mailing a copy
thereof by registered mail or by certified mail'' for ``registering and
mailing a copy thereof'' and ``mailed by registered mail or by certified
mail'' for ``registered and mailed''.
1958--Subsec. (c). Pub. L. 85-791 struck out ``a transcript of''
before ``the record''.
Change of Name
Act June 25, 1948, as amended by act May 24, 1949, substituted
``court of appeals'' for ``circuit court of appeals'' which appeared in
subsec. (c) of this section.
Effective Date
See section 1610 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1600, 1601, 1602 of this
title.
