7 U.S.C. § 499f : US Code - Section 499F: Complaints, written notifications, and investigations

Search 7 U.S.C. § 499f : US Code - Section 499F: Complaints, written notifications, and investigations

(a) Reparation complaints
(1) Petition; process
Any person complaining of any violation of any provision of
section 499b of this title by any commission merchant, dealer, or
broker may, at any time within nine months after the cause of
action accrues, apply to the Secretary by petition, which shall
briefly state the facts, whereupon, if, in the opinion of the
Secretary, the facts therein contained warrant such action, a
copy of the complaint thus made shall be forwarded by the
Secretary to the commission merchant, dealer, or broker, who
shall be called upon to satisfy the complaint, or to answer it in
writing, within a reasonable time to be prescribed by the
Secretary.
(2) Filing and handling fees
A person submitting a petition to the Secretary under paragraph
(1) shall include a filing fee of $60 per petition. If the
Secretary determines under paragraph (1) that the facts contained
in the petition warrant further action, the person or persons
submitting the petition shall submit to the Secretary a handling
fee of $300. The Secretary may not forward a copy of the
complaint to the commission merchant, dealer, or broker involved
until after the Secretary receives the required handling fee. The
Secretary shall deposit fees submitted under this paragraph into
the Perishable Agricultural Commodities Act Fund provided for by
section 499c(b) of this title. The Secretary may alter the fees
specified in this paragraph by rulemaking under section 553 of
title 5.
(b) Disciplinary violations
Any officer or agency of any State or Territory having
jurisdiction over commission merchants, dealers, or brokers in such
State or Territory and any other interested person (other than an
employee of an agency of the Department of Agriculture
administering this chapter) may file, in accordance with rules
prescribed by the Secretary, a written notification of any alleged
violation of this chapter by any commission merchant, dealer, or
broker. In addition, any official certificates of the United States
Government or States or Territories of the United States and trust
notices filed pursuant to section 499e of this title shall
constitute written notification for the purposes of conducting an
investigation under subsection (c) of this section. The identity of
any person filing a written notification under this subsection
shall be considered to be confidential information. The identity of
such person, and any portion of the notification to the extent that
it would indicate the identity of such person, are specifically
exempt from disclosure under section 552 of title 5 (commonly known
as the Freedom of Information Act), as provided in subsection
(b)(3) of such section.
(c) Investigation of complaints and notifications
(1) Commencing or expanding an investigation
If there appears to be, in the opinion of the Secretary,
reasonable grounds for investigating a complaint made under
subsection (a) of this section or a written notification made
under subsection (b) of this section, the Secretary shall
investigate such complaint or notification. In the course of the
investigation, if the Secretary determines that violations of
this chapter are indicated other than the alleged violations
specified in the complaint or notification that served as the
basis for the investigation, the Secretary may expand the
investigation to include such additional violations.
(2) Issuance of complaint by Secretary; process
In the opinion of the Secretary, if an investigation under this
subsection substantiates the existence of violations of this
chapter, the Secretary may cause a complaint to be issued. The
Secretary shall have the complaint served by registered mail or
certified mail or otherwise on the person concerned and afford
such person an opportunity for a hearing thereon before a duly
authorized examiner of the Secretary in any place in which the
subject of the complaint is engaged in business. However, in
complaints wherein the amount claimed as damages does not exceed
$30,000, a hearing need not be held and proof in support of the
complaint and in support of respondent's answer may be supplied
in the form of depositions or verified statements of fact.
(3) Special notification requirements for certain investigations
Whenever the Secretary initiates an investigation on the basis
of a written notification made under subsection (b) of this
section or expands such an investigation, the Secretary shall
promptly notify the subject of the investigation of the existence
of the investigation and the nature of the alleged violations of
this chapter to be investigated. Not later than 180 days after
providing the initial notification, the Secretary shall provide
the subject of the investigation with notice of the status of the
investigation, including whether the Secretary intends to issue a
complaint under paragraph (2), terminate the investigation, or
continue or expand the investigation. The Secretary shall provide
additional status reports at the request of the subject of the
investigation and shall promptly notify the subject of the
investigation whenever the Secretary terminates the
investigation.
(d) Decisions on complaints
After opportunity for hearing on complaints where the damages
claimed exceed the sum of $30,000 has been provided or waived and
on complaints where damages claimed do not exceed the sum of
$30,000 not requiring hearing as provided herein, the Secretary
shall determine whether or not the commission merchant, dealer, or
broker has violated any provision of section 499b of this title.
(e) Bond required for certain complaints
In case a complaint is made by a nonresident of the United
States, or by a resident of the United States to whom the claim of
a nonresident of the United States has been assigned, the
complainant shall be required, before any formal action is taken on
his complaint, to furnish a bond in double the amount of the claim
conditioned upon the payment of costs, including a reasonable
attorney's fee for the respondent if the respondent shall prevail,
and any reparation award that may be issued by the Secretary of
Agriculture against the complainant on any counter claim by
respondent: Provided, That the Secretary shall have authority to
waive the furnishing of a bond by a complainant who is a resident
of a country which permits the filing of a complaint by a resident
of the United States without the furnishing of a bond.