
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1599]

 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER 37--SEEDS
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
Sec. 1599. Cease and desist proceedings


(a) Hearing

    Whenever the Secretary of Agriculture has reason to believe that any 
person has violated or is violating any of the provisions of this 
chapter or the rules and regulations made and promulgated thereunder, he 
shall cause a complaint in writing to be served upon the person, stating 
his charges in that respect, and requiring the person to attend and 
testify at a hearing at a time and place designated therein, at least 
thirty days after the service of such complaint; and at such time and 
place there shall be afforded the person a reasonable opportunity to be 
informed as to the evidence introduced against him (including the right 
of cross-examination), and to be heard in person or by counsel and 
through witnesses, under such rules and regulations as the Secretary of 
Agriculture may prescribe. At any time prior to the close of the hearing 
the Secretary of Agriculture may amend the complaint; but in case of any 
amendment adding new provisions the hearing shall, on the request of the 
person, be adjourned for a period not exceeding fifteen days.

(b) Report of Secretary of Agriculture

    If, after such hearing, the Secretary of Agriculture finds that the 
person has violated or is violating any provisions of the chapter or 
rules and regulations covered by the charges, he shall make a report in 
writing in which he shall state his findings as to the facts, and shall 
issue and cause to be served on the person an order requiring such 
person to cease and desist from continuing such violation. The testimony 
taken at the hearing shall be reduced to writing and filed in the 
records of the Department of Agriculture.

(c) Amendment of report

    Until the record in such hearing has been filed in a court of 
appeals as provided in section 1600 of this title, the Secretary of 
Agriculture at any time, upon such notice and in such manner as he deems 
proper, but only after reasonable opportunity to the person to be heard, 
may amend or set aside the report or order, in whole or in part.

(d) Service

    Complaints, orders, and other processes of the Secretary of 
Agriculture under this section may be served by anyone duly authorized 
by the Secretary of Agriculture, either (1) by delivering a copy thereof 
to the person to be served, or to a member of the partnership to be 
served, or to the president, secretary, or other executive officer or a 
director of the corporation to be served; or (2) by leaving a copy 
thereof at the principal office or place of business of such person, 
partnership, or corporation; or (3) by mailing a copy thereof by 
registered mail or by certified mail addressed to such person, 
partnership, or corporation at his or its last known principal office or 
place of business. The verified return by the person so serving said 
complaint, order, or other process setting forth the manner of said 
order shall be proof of the same, and the return postoffice receipt for 
said complaint, order, or other process mailed by registered mail or by 
certified mail as aforesaid shall be proof of the service of the same.

(Aug. 9, 1939, ch. 615, title IV, Sec. 409, 53 Stat. 1287; June 25, 
1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 
Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(a), Aug. 28, 1958, 72 
Stat. 949; Pub. L. 86-507, Sec. 1(7), June 11, 1960, 74 Stat. 200.)


                               Amendments

    1960--Subsec. (d). Pub. L. 86-507 substituted ``mailing a copy 
thereof by registered mail or by certified mail'' for ``registering and 
mailing a copy thereof'' and ``mailed by registered mail or by certified 
mail'' for ``registered and mailed''.
    1958--Subsec. (c). Pub. L. 85-791 struck out ``a transcript of'' 
before ``the record''.

                         Change of Name

    Act June 25, 1948, as amended by act May 24, 1949, substituted 
``court of appeals'' for ``circuit court of appeals'' which appeared in 
subsec. (c) of this section.


                             Effective Date

    See section 1610 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1600, 1601, 1602 of this 
title.
