7 USC 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), 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
Terms Used In 7 USC 7469
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- order: means a kiwifruit research, promotion, and consumer information order issued by the Secretary under section 7463 of this title. See 7 USC 7462
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity. See 7 USC 7462
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Secretary: means the Secretary of Agriculture. See 7 USC 7462
- Subpoena: A command to a witness to appear and give testimony.
- United States: means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See 7 USC 7462
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). 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.