§ 7449. — 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: 7USC7449]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7449. 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 subchapter; and
(2) to determine whether any person has engaged or is engaging
in an act that constitutes a violation of this subchapter, or an
order, rule, or regulation issued under this subchapter.
(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,
subpoena witnesses, take evidence, and issue subpoenas to require
the production of any records that are relevant to the inquiry. The
attendance of witnesses and the production of records may be
required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section
7447 or 7448 of this title, the presiding officer is authorized to
administer oaths and affirmations, subpoena and compel the
attendance of witnesses, take evidence, and require the production
of any records that are relevant to the inquiry. The attendance of
witnesses and the production of 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 the investigation or
proceeding is carried on, or where the 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
the person to comply with the subpoena.
(d) Contempt
A failure to obey an order of the court under this section may be
punished by the court as contempt of the court.
(e) Process
Process may be served on a person in the judicial district in which
the person resides or carries on business or wherever the person may be
found.
(f) Hearing site
The site of a hearing held under section 7447 or 7448 of this title
shall be in the judicial district where the person affected by the
hearing resides or has a principal place of business.
(Pub. L. 104-127, title V, Sec. 540, Apr. 4, 1996, 110 Stat. 1062.)
