§ 210. — Proceedings before Secretary for violations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC210]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
Sec. 210. Proceedings before Secretary for violations
(a) Complaint; response; satisfaction or investigation
Any person complaining of anything done or omitted to be done by any
stockyard owner, market agency, or dealer (hereinafter in this section
referred to as the ``defendant'') in violation of the provisions of this
subchapter, or of an order of the Secretary made under this subchapter,
may, at any time within ninety days after the cause of action accrues,
apply to the Secretary by petition which shall briefly state the facts,
whereupon the complaint thus made shall be forwarded by the Secretary to
the defendant, who shall be called upon to satisfy the complaint, or to
answer it in writing, within a reasonable time to be specified by the
Secretary. If the defendant within the time specified makes reparation
for the injury alleged to be done he shall be relieved of liability to
the complainant only for the particular violation thus complained of. If
the defendant does not satisfy the complaint within the time specified,
or there appears to be any reasonable ground for investigating the
complaint, it shall be the duty of the Secretary to investigate the
matters complained of in such manner and by such means as he deems
proper.
(b) Complaints forwarded by agencies of a State or Territory
The Secretary, at the request of the livestock commissioner, board
of agriculture, or other agency of a State or Territory, having
jurisdiction over stockyards in such State or Territory, shall
investigate any complaint forwarded by such agency in like manner and
with the same authority and powers as in the case of a complaint made
under subsection (a) of this section.
(c) Inquiries instituted by Secretary
The Secretary may at any time institute an inquiry on his own
motion, in any case and as to any matter or thing concerning which a
complaint is authorized to be made to or before the Secretary, by any
provision of this subchapter, or concerning which any question may arise
under any of the provisions of this subchapter, or relating to the
enforcement of any of the provisions of this subchapter. The Secretary
shall have the same power and authority to proceed with any inquiry
instituted upon his own motion as though he had been appealed to by
petition, including the power to make and enforce any order or orders in
the case or relating to the matter or thing concerning which the inquiry
is had, except orders for the payment of money.
(d) Damage to complainant not required
No complaint shall at any time be dismissed because of the absence
of direct damage to the complainant.
(e) Award and payment of damages
If after hearing on a complaint the Secretary determines that the
complainant is entitled to an award of damages, the Secretary shall make
an order directing the defendant to pay to the complainant the sum to
which he is entitled on or before a day named.
(f) Enforcement of orders
If the defendant does not comply with an order for the payment of
money within the time limit in such order, the complainant, or any
person for whose benefit such order was made, may within one year of the
date of the order file in the district court of the United States for
the district in which he resides or in which is located the principal
place of business of the defendant or in any State court having general
jurisdiction of the parties, a petition setting forth briefly the causes
for which he claims damages, and the order of the Secretary in the
premises. Such suit in the district court shall proceed in all respects
like other civil suits for damages except that the findings and orders
of the Secretary shall be prima facie evidence of the facts therein
stated, and the petitioner shall not be liable for costs in the district
court nor for costs at any subsequent stage of the proceedings unless
they accrue upon his appeal. If the petitioner finally prevails, he
shall be allowed a reasonable attorney's fee to be taxed and collected
as a part of the costs of the suit.
(Aug. 15, 1921, ch. 64, title III, Sec. 309, 42 Stat. 165; Pub. L. 94-
410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)
Amendments
1976--Subsec. (b). Pub. L. 94-410 substituted ``livestock'' for
``live-stock'' after ``request of the''.
Section Referred to in Other Sections
This section is referred to in sections 209, 211 of this title;
title 28 section 2342.
