§ 85. — Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC85]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 85. Suspension, revocation, and refusal to renew licenses;
hearing; grounds; temporary suspension
The Secretary may refuse to renew, or may suspend or revoke, any
license issued under this chapter whenever, after the licensee has been
afforded an opportunity for a hearing, the Secretary shall determine
that such licensee is incompetent, or has inspected or weighed or
supervised the weighing of grain for purposes of this chapter, by any
standard or criteria other than as provided for in this chapter, or has
issued, or caused the issuance of, any false or incorrect official
certificate or other official form, or has knowingly or carelessly
inspected or weighed or supervised the weighing of grain improperly
under this chapter, or has accepted any money or other consideration,
directly or indirectly, for any neglect or improper performance of duty,
or has used the license or allowed it to be used for any improper
purpose, or has otherwise violated any provision of this chapter or of
the regulations prescribed or instructions issued to the licensee by the
Secretary under this chapter. The Secretary may, without first affording
the licensee an opportunity for a hearing, suspend any license
temporarily pending final determination whenever the Secretary deems
such action to be in the best interests of the official inspection
system under this chapter. The Secretary may summarily revoke any
license whenever the licensee has been convicted of any offense
prohibited by section 87b of this title or convicted of any offense
proscribed by title 18, with respect to performance of functions under
this chapter.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 9, 39 Stat. 485; Aug. 1, 1956, ch.
812, 70 Stat. 780; Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 765;
Pub. L. 94-582, Sec. 11, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103-156,
Sec. 12(h), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II,
Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
Amendments
1994--Pub. L. 103-354 substituted ``Secretary'' for
``Administrator'' wherever appearing.
1993--Pub. L. 103-156, which directed amendment of ``Section 9'' by
substituting ``or has used the license'' for ``or has used his license''
and ``instructions issued to the licensee'' for ``instructions issued to
him'', without specifying the name of the Act being amended, was
executed to this section, which is section 9 of the United States Grain
Standards Act, to reflect the probable intent of Congress.
1976--Pub. L. 94-582 substituted ``Administrator'' for ``Secretary''
wherever appearing and ``inspected or weighed or supervised the weighing
of'' for ``inspected'' in two places and authorized summary revocation
of licenses based on conviction of prescribed offenses.
1968--Pub. L. 90-487 substituted provisions authorizing the
suspension, revocation, and refusal of renewal of licenses by the
Secretary, for provisions setting out the penalties for violations of
this chapter.
1956--Act Aug. 1, 1956, provided penalties for persons who knowingly
sample grain improperly and for persons who knowingly or willfully cause
or attempt to cause the issuance of a false grade certificate by
deceptive loading, handling, or sampling of grain, or any other means.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976,
see section 27 of Pub. L. 94-582, as amended, set out as a note under
section 74 of this title.
Effective Date of 1968 Amendment
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
Section Referred to in Other Sections
This section is referred to in sections 79, 79a, 87e of this title.
