§ 7808. — 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: 7USC7808]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 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) 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 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) of this section 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) of this
section.
(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.
(Pub. L. 106-387, Sec. 1(a) [title XII, Sec. 1209], Oct. 28, 2000, 114
Stat. 1549, 1549A-95.)
Section Referred to in Other Sections
This section is referred to in sections 7806, 7807 of this title.
