§ 7488. — 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: 7USC7488]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER V--POPCORN
Sec. 7488. 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 subject to this subchapter
has engaged, or is about to engage, in an act that constitutes or
will constitute a violation of this subchapter or of an order or
regulation issued under this subchapter.
(b) Oaths, affirmations, and subpoenas
For the purpose of an investigation under subsection (a) of this
section, the Secretary may 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 records may be
required from any place in the United States.
(c) Aid of courts
(1) Request
In the case of contumacy by, or refusal to obey a subpoena
issued to, any person, the Secretary may request 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 requiring the attendance and
testimony of the person and the production of records.
(2) Enforcement order of the court
The court may issue an enforcement order requiring the person to
appear before the Secretary to produce records or to give testimony
concerning the matter under investigation.
(3) Contempt
A failure to obey an enforcement order of the court under
paragraph (2) may be punished by the court as a contempt of the
court.
(4) Process
Process in a case under this subsection may be served in the
judicial district in which the person resides or carries on business
or wherever the person may be found.
(Pub. L. 104-127, title V, Sec. 579, Apr. 4, 1996, 110 Stat. 1083.)
