§ 6308. Investigations and power to subpoena

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(a)Investigations The Secretary may make such investigations as the Secretary considers necessary—

(1)for the effective administration of this chapter; and

(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), 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 6306 or 6307 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). The court may issue an order requiring such person to comply with such a subpoena.

(d)Contempt Any failure to obey an order of the court under this section 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 6306 or 6307 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, § 1973, Nov. 28, 1990, 104 Stat. 3902.)

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Public Law 101–624
To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes

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Pub. L. 101–624, title XIX, § 1973
104 Stat. 3902

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§ 6308

Investigations and power to subpoena

Stat.×1

Pub. L.Pub. L. 101–624, title XIX, § 1973

Stat.104 Stat. 3902

Cites 2Cited by 1 across 1 source