7 USC 7808 – Investigations and power to subpoena
(a) Investigations
The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) Investigations
For the purpose of conducting an investigation under subsection (a), 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 production of the records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 7806(a)(2) or 7807(c)(3) of this title, the presiding officer 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 the records may be required from any place in the United States.
(c) Aid of courts
(1) In general
In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) 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 conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b).
(2) Order
The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).
(3) Failure to obey
Any failure to obey the order of the court may be punished by the court as a contempt of court.
(4) Process
Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found.
Terms Used In 7 USC 7808
- 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 the Hass avocado promotion, research, and information order issued under this chapter. See 7 USC 7802
- person: means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. See 7 USC 7802
- 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 7802
- Subpoena: A command to a witness to appear and give testimony.
- United States: means the United States collectively. See 7 USC 7802