§ 6108. — Investigations and power to subpoena.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6108]
TITLE 7--AGRICULTURE
CHAPTER 90--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6108. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary
considers necessary for the effective administration of this chapter or
to determine whether any person subject to this chapter has engaged or
is engaging in any act that constitutes a violation of this chapter or
of any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation made under subsection (a) of
this section, 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
6106 or 6107 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)
of this section. 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 6106 or 6107 of this
title shall be within the judicial district where such person resides or
has a principal place of business.
(Pub. L. 101-624, title XIX, Sec. 1929, Nov. 28, 1990, 104 Stat. 3864;
Pub. L. 102-237, title VIII, Sec. 803(3), Dec. 13, 1991, 105 Stat.
1882.)
Amendments
1991--Subsec. (b)(2). Pub. L. 102-237 struck out ``section'' after
``6106 or''.
