
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: 7USC193]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER II--PACKERS GENERALLY
 
                       Part A--General Provisions
 
Sec. 193. Procedure before Secretary for violations


(a) Complaint; hearing; intervention

    Whenever the Secretary has reason to believe that any packer has 
violated or is violating any provision of this subchapter, he shall 
cause a complaint in writing to be served upon the packer, stating his 
charges in that respect, and requiring the packer 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 packer 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 regulations as the Secretary may 
prescribe. Any person for good cause shown may on application be allowed 
by the Secretary to intervene in such proceeding, and appear in person 
or by counsel. At any time prior to the close of the hearing the 
Secretary may amend the complaint; but in case of any amendment adding 
new charges the hearing shall, on the request of the packer, be 
adjourned for a period not exceeding fifteen days.

(b) Report and order; penalty

    If, after such hearing, the Secretary finds that the packer has 
violated or is violating any provisions of this subchapter 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 packer an order requiring such packer 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. The Secretary may also assess a civil penalty of not more 
than $10,000 for each such violation. In determining the amount of the 
civil penalty to be assessed under this section, the Secretary shall 
consider the gravity of the offense, the size of the business involved, 
and the effect of the penalty on the person's ability to continue in 
business. If, after the lapse of the period allowed for appeal or after 
the affirmance of such penalty, the person against whom the civil 
penalty is assessed fails to pay such penalty, the Secretary may refer 
the matter to the Attorney General who may recover such penalty by an 
action in the appropriate district court of the United States.

(c) Amendment of report or order

    Until the record in such hearing has been filed in a court of 
appeals of the United States, as provided in section 194 of this title, 
the Secretary at any time, upon such notice and in such manner as he 
deems proper, but only after reasonable opportunity to the packer to be 
heard, may amend or set aside the report or order, in whole or in part.

(d) Service of process

    Complaints, orders, and other processes of the Secretary under this 
section may be served in the same manner as provided in section 45 of 
title 15.

(Aug. 15, 1921, ch. 64, title II, Sec. 203, 42 Stat. 161; 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. 6(a), Aug. 28, 1958, 72 Stat. 944; Pub. 
L. 94-410, Sec. 3(b), Sept. 13, 1976, 90 Stat. 1249.)


                               Amendments

    1976--Subsec. (b). Pub. L. 94-410 inserted provisions dealing with 
authority of Secretary to assess a civil penalty for violations and, 
upon failure to pay, procedure for recovery of such penalty.
    1958--Subsec. (c). Pub. L. 85-791 struck out ``a transcript of'' 
after ``until''.

                         Change of Name

    Act June 25, 1948, as amended by act May 24, 1949, substituted 
``court of appeals'' for ``circuit court of appeals''.

                          Transfer of Functions

    Functions of all officers, agencies, and employees of Department of 
Agriculture transferred, with certain exceptions, to Secretary of 
Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18 
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 194, 195, 204 of this title; 
title 28 section 2351.
