7 U.S.C. § 499m : US Code - Section 499M: Complaints; procedure, penalties, etc.

Search 7 U.S.C. § 499m : US Code - Section 499M: Complaints; procedure, penalties, etc.

(a) Investigation by Secretary of Agriculture; inspection of
accounts, records, and memoranda; penalty for refusing inspection
The Secretary or his duly authorized agents shall have the right
to inspect such accounts, records, and memoranda of any commission
merchant, dealer, or broker as may be material (1) in the
investigation of complaints under this chapter, or (2) to the
determination of ownership, control, packer, or State, country, or
region of origin in connection with commodity inspections, or (3)
to ascertain whether section 499i of this title is being complied
with, and if any such commission merchant, dealer, or broker
refuses to permit such inspection, the Secretary may publish the
facts and circumstances and/or, by order, suspend the license of
the offender until permission to make such inspection is given. The
Secretary or his duly authorized agents shall have the right to
inspect any lot of any perishable agricultural commodity covered by
this chapter, and if any commission merchant, dealer, or broker
having ownership of or control over such lot fails or refuses to
authorize or allow such inspection, the Secretary may, after thirty
days' notice and an opportunity for a hearing, publish the facts
and circumstances and/or, by order, suspend the license of the
offender for a period not to exceed ninety days.
(b) Inspection of records; surety bond; suspension of license
The Secretary or the Secretary's duly authorized agents, in order
to insure that the prompt payment provision of section 499b(4) of
this title is being complied with, shall from time to time inspect
the accounts, records, and memoranda of any commission merchant,
dealer, or broker determined in a formal disciplinary proceeding
under section 499f(b) of this title to have violated such
provision. The Secretary may also require that any such commission
merchant, dealer, or broker furnish, maintain, and from time to
time adjust a surety bond in form and amount satisfactory to the
Secretary as assurance that such commission merchant's, dealer's,
or broker's business will be conducted in accordance with this
chapter and that such commission merchant, dealer, or broker will
pay all reparation awards, subject to its right of appeal under
section 499g(c) of this title: Provided, That if such surety bond
is furnished, maintained, and adjusted as required by the
Secretary, the Secretary shall not thereafter inspect the accounts,
records, and memoranda of such commission merchant, dealer, or
broker under this subsection more than once a year. If any such
commission merchant, dealer, or broker refuses to permit such
inspection or fails or refuses to furnish, maintain, or adjust such
surety bond, the Secretary may publish the facts and circumstances
and, by order, suspend the license of the offender until permission
to make such inspection is given or such surety bond is furnished,
maintained, or adjusted.
(c) Hearings; subpoenas; oaths; witnesses; evidence
The Secretary, or any officer or employee designated by him for
such purpose, may hold hearings, sign and issue subpoenas,
administer oaths, examine witnesses, receive evidence, and require
by subpoena the attendance and testimony of witnesses and the
production of such accounts, records, and memoranda as may be
material for the determination of any complaint under this chapter.
(d) Disobedience to subpoenas; remedy; contempt
In case of disobedience to a subpoena, the Secretary or any of
his examiners may invoke the aid of any court of the United States
in requiring the attendance and testimony of witnesses and the
production of accounts, records, and memoranda. Any district court
of the United States within the jurisdiction of which any hearing
is carried on may, in case of contumacy or refusal to obey a
subpoena issued to any person, issue an order requiring the person
to appear before the Secretary or his examiner or to produce
accounts, records, and memoranda if so ordered, or to give evidence
touching any matter pertinent to any complaint; and any failure to
obey such order of the court shall be punished by the court as a
contempt thereof.
(e) Depositions; production of accounts, records and memoranda
The Secretary may order testimony to be taken by deposition in
any proceeding or investigation or incident to any complaint
pending under this chapter at any stage thereof. Such depositions
may be taken before any person designated by the Secretary and
having power to administer oaths. Such testimony shall be reduced
to writing by the person taking the deposition or under his
direction and shall then be subscribed by the deponent. Any person
may be compelled to appear and depose and to produce accounts,
records, and memoranda in the same manner as witnesses may be
compelled to appear and testify and produce accounts, records, and
memoranda before the Secretary or any of his examiners.
(f) Fees and mileage of witnesses
Witnesses summoned before the Secretary or any officer or
employee designated by him shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States, and
witnesses whose depositions are taken and the persons taking the
same shall severally be entitled to the same fees as are paid for
like service in the courts of the United States.