7 U.S.C. § 86 : US Code - Section 86: Refusal of inspection and weighing services; civil penalties

Search 7 U.S.C. § 86 : US Code - Section 86: Refusal of inspection and weighing services; civil penalties

(a) Grounds for refusal of services
The Secretary may (for such period, or indefinitely, as the
Secretary deems necessary to effectuate the purposes of this
chapter) refuse to provide official inspection or the services
related to weighing otherwise available under this chapter with
respect to any grain offered for such services, or owned, wholly or
in part, by any person if the Secretary determines (1) that the
individual (or in case such person is a partnership, any general
partner; or in case such person is a corporation, any officer,
director, or holder or owner of more than 10 per centum of the
voting stock; or in case such person is an unincorporated
association or other business entity, any officer or director
thereof; or in case of any such business entity, any individual who
is otherwise responsibly connected with the business) has knowingly
committed any violation of section 87b of this title, or has been
convicted of any violation of other Federal law with respect to the
handling, weighing, or official inspection of grain, or that
official inspection or the services related to weighing have been
refused for any of the above-specified causes (for a period which
has not expired) to such person, or any other person conducting a
business with which the former was, at the time such cause existed,
or is responsibly connected; and (2) that providing such service
with respect to such grain would be inimical to the integrity of
the service.
(b) Persons responsibly connected with a business
For purposes of subsection (a) of this section, a person shall be
deemed to be responsibly connected with a business if the person
was or is a partner, officer, director, or holder or owner of 10
per centum or more of its voting stock, or an employee in a
managerial or executive capacity.
(c) Civil penalties
In addition to, or in lieu of, penalties provided under section
87c of this title, or in addition to, or in lieu of, refusal of
official inspection or services related to weighing in accordance
with this section, the Secretary may assess against any person who
has knowingly committed any violation of section 87b of this title
or has been convicted of any violation of other Federal law with
respect to the handling, weighing, or official inspection of grain
a civil penalty not to exceed $75,000 for each such violation as
the Secretary determines is appropriate to effectuate the
objectives stated in section 74 of this title.
(d) Opportunity for hearing; temporary refusal without hearing
pending final determination
Before official inspection or services related to weighing is
refused to any person or a civil penalty is assessed against any
person under this section, such person shall be afforded
opportunity for a hearing in accordance with sections 554, 556, and
557 of title 5: Provided, That the Secretary may, without first
affording the person a hearing, refuse official inspection or
services related to weighing temporarily pending final
determination whenever the Secretary has reason to believe there is
cause for refusal of inspection or services related to weighing and
considered such action to be in the best interest of the official
inspection system under this chapter. The Secretary shall afford
such person an opportunity for a hearing within seven days after
temporarily refusing official inspection or services related to
weighing; and such hearing and ancillary procedures related thereto
shall be conducted in an expedited manner.
(e) Collection and disposition of civil penalties
Moneys received in payment of such civil penalties shall be
deposited in the general fund of the United States Treasury. Upon
any failure to pay the penalties assessed under this section, the
Secretary may request the Attorney General of the United States to
institute a civil action to collect the penalties in the
appropriate court identified in subsection (h) of section 87f of
this title for the jurisdiction in which the respondent is found or
resides or transacts business, and such court shall have
jurisdiction to hear and decide any such action.