§ 6412. — 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: 7USC6412]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6412. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary
considers necessary--
(1) for the effective administration of this chapter; or
(2) to determine whether any person has engaged or is engaging
in any act that constitutes a violation of this chapter, or any
order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation 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
6410 or 6411 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 the 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 6410 or 6411 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. 1999M, Nov. 28, 1990, 104 Stat. 3924.)
Section Referred to in Other Sections
This section is referred to in section 6402 of this title.
