§ 7469. — 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: 7USC7469]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER IV--KIWIFRUIT
Sec. 7469. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary
considers necessary--
(1) for the effective carrying out of the responsibilities of
the Secretary under this subchapter; or
(2) to determine whether a person subject to this subchapter has
engaged or is engaging in any act that constitutes a violation of
this subchapter, or any order, rule, or regulation issued under this
subchapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a) of
this section, the Secretary may administer oaths and affirmations
and may issue subpoenas 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
7467 or 7468 of this title, the presiding officer is authorized to
administer oaths and affirmations, subpoena witnesses, 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 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 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, 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
Any failure to obey the order of the court may be punished by the
court as a contempt of the court.
(e) Process
Process in any such case may be served 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 any hearing held under section 7467 or 7468 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. 560, Apr. 4, 1996, 110 Stat. 1072.)
