
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC228b-2]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 228b-2. Violations by live poultry dealers


(a) Written complaint by Secretary; hearing; intervention; amended 
        complaint

    Whenever the Secretary has reason to believe that any live poultry 
dealer has violated or is violating any provision of section 197 of this 
title or section 228b-1 of this title, he shall cause a complaint in 
writing to be served upon the live poultry dealer, stating his charges 
in that respect, and requiring the live poultry dealer to attend and 
testify at a hearing at a time and place designated therein, at least 30 
days after the service of such complaint; and at such time and place 
there shall be afforded the live poultry dealer 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 live poultry 
dealer, be adjourned for a period not exceeding 15 days.

(b) Report on findings of fact by Secretary; cease and desist order; 
        assessment of civil penalty; action by Attorney General upon 
        live poultry dealer's failure to pay penalty

    If, after such hearing, the Secretary finds that the live poultry 
dealer has violated, or is violating, any provisions of section 197 of 
this title or section 228b-1 of this title 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 live poultry 
dealer an order requiring such live poultry dealer 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 $20,000 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: Provided, however, That in no event can the penalty assessed 
by the Secretary take priority over or impede the ability of the live 
poultry dealer to pay any unpaid cash seller or poultry grower. 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 or setting aside 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 228b-3 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 live 
poultry dealer to be heard, may amend or set aside the report or order, 
in whole or in part.

(d) Service of complaints, orders, and other processes

    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 IV, Sec. 411, as added Pub. L. 100-173, 
Sec. 9(2), Nov. 23, 1987, 101 Stat. 920.)


                            Prior Provisions

    A prior section 411 of act Aug. 15, 1921, was renumbered section 416 
and is classified to section 229 of this title.


                             Effective Date

    Section effective 90 days after Nov. 23, 1987, see section 12 of 
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note 
under section 182 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 228b-3, 228b-4 of this 
title.
