
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: 7USC210]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
            SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
 
Sec. 210. Proceedings before Secretary for violations


(a) Complaint; response; satisfaction or investigation

    Any person complaining of anything done or omitted to be done by any 
stockyard owner, market agency, or dealer (hereinafter in this section 
referred to as the ``defendant'') in violation of the provisions of this 
subchapter, or of an order of the Secretary made under this subchapter, 
may, at any time within ninety days after the cause of action accrues, 
apply to the Secretary by petition which shall briefly state the facts, 
whereupon the complaint thus made shall be forwarded by the Secretary to 
the defendant, who shall be called upon to satisfy the complaint, or to 
answer it in writing, within a reasonable time to be specified by the 
Secretary. If the defendant within the time specified makes reparation 
for the injury alleged to be done he shall be relieved of liability to 
the complainant only for the particular violation thus complained of. If 
the defendant does not satisfy the complaint within the time specified, 
or there appears to be any reasonable ground for investigating the 
complaint, it shall be the duty of the Secretary to investigate the 
matters complained of in such manner and by such means as he deems 
proper.

(b) Complaints forwarded by agencies of a State or Territory

    The Secretary, at the request of the livestock commissioner, board 
of agriculture, or other agency of a State or Territory, having 
jurisdiction over stockyards in such State or Territory, shall 
investigate any complaint forwarded by such agency in like manner and 
with the same authority and powers as in the case of a complaint made 
under subsection (a) of this section.

(c) Inquiries instituted by Secretary

    The Secretary may at any time institute an inquiry on his own 
motion, in any case and as to any matter or thing concerning which a 
complaint is authorized to be made to or before the Secretary, by any 
provision of this subchapter, or concerning which any question may arise 
under any of the provisions of this subchapter, or relating to the 
enforcement of any of the provisions of this subchapter. The Secretary 
shall have the same power and authority to proceed with any inquiry 
instituted upon his own motion as though he had been appealed to by 
petition, including the power to make and enforce any order or orders in 
the case or relating to the matter or thing concerning which the inquiry 
is had, except orders for the payment of money.

(d) Damage to complainant not required

    No complaint shall at any time be dismissed because of the absence 
of direct damage to the complainant.

(e) Award and payment of damages

    If after hearing on a complaint the Secretary determines that the 
complainant is entitled to an award of damages, the Secretary shall make 
an order directing the defendant to pay to the complainant the sum to 
which he is entitled on or before a day named.

(f) Enforcement of orders

    If the defendant does not comply with an order for the payment of 
money within the time limit in such order, the complainant, or any 
person for whose benefit such order was made, may within one year of the 
date of the order file in the district court of the United States for 
the district in which he resides or in which is located the principal 
place of business of the defendant or in any State court having general 
jurisdiction of the parties, a petition setting forth briefly the causes 
for which he claims damages, and the order of the Secretary in the 
premises. Such suit in the district court shall proceed in all respects 
like other civil suits for damages except that the findings and orders 
of the Secretary shall be prima facie evidence of the facts therein 
stated, and the petitioner shall not be liable for costs in the district 
court nor for costs at any subsequent stage of the proceedings unless 
they accrue upon his appeal. If the petitioner finally prevails, he 
shall be allowed a reasonable attorney's fee to be taxed and collected 
as a part of the costs of the suit.

(Aug. 15, 1921, ch. 64, title III, Sec. 309, 42 Stat. 165; Pub. L. 94-
410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)


                               Amendments

    1976--Subsec. (b). Pub. L. 94-410 substituted ``livestock'' for 
``live-stock'' after ``request of the''.

                  Section Referred to in Other Sections

    This section is referred to in sections 209, 211 of this title; 
title 28 section 2342.
