
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: 7USC499g]

 
                          TITLE 7--AGRICULTURE
 
            CHAPTER 20A--PERISHABLE AGRICULTURAL COMMODITIES
 
Sec. 499g. Reparation order


(a) Determination by Secretary of Agriculture of amount of damages; 
        order for payment

    If after a hearing on a complaint made by any person under section 
499f of this title, or without hearing as provided in subsections (c) 
and (d) of section 499f of this title, or upon failure of the party 
complained against to answer a complaint duly served within the time 
prescribed, or to appear at a hearing after being duly notified, the 
Secretary determines that the commission merchant, dealer, or broker has 
violated any provision of section 499b of this title, he shall, unless 
the offender has already made reparation to the person complaining, 
determine the amount of damage, if any, to which such person is entitled 
as a result of such violation and shall make an order directing the 
offender to pay to such person complaining such amount on or before the 
date fixed in the order. The Secretary shall order any commission 
merchant, dealer, or broker who is the losing party to pay the 
prevailing party, as reparation or additional reparation, reasonable 
fees and expenses incurred in connection with any such hearing. If, 
after the respondent has filed his answer to the complaint, it appears 
therein that the respondent has admitted liability for a portion of the 
amount claimed in the complaint as damages, the Secretary under such 
rules and regulations as he shall prescribe, unless the respondent has 
already made reparation to the person complaining, may issue an order 
directing the respondent to pay to the complainant the undisputed amount 
on or before the date fixed in the order, leaving the respondent's 
liability for the disputed amount for subsequent determination. The 
remaining disputed amount shall be determined in the same manner and 
under the same procedure as it would have been determined if no order 
had been issued by the Secretary with respect to the undisputed sum.

(b) Failure to comply with order of Secretary; suit to enforce 
        liability; order as evidence; costs and fees

    If any commission merchant, dealer, or broker does not pay the 
reparation award within the time specified in the Secretary's order, the 
complainant, or any person for whose benefit such order was made, may 
within three years 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 commission merchant, 
dealer, or broker, 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. The 
orders, writs, and processes of the district courts may in these cases 
run, be served, and be returnable anywhere in the United States. 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 state 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.

(c) Appeal from reparation order; proceedings

    Either party adversely affected by the entry of a reparation order 
by the Secretary may, within thirty days from and after the date of such 
order, appeal therefrom to the district court of the United States for 
the district in which said hearing was held: Provided, That in cases 
handled without a hearing in accordance with subsections (c) and (d) of 
section 499f of this title or in which a hearing has been waived by 
agreement of the parties, appeal shall be to the district court of the 
United States for the district in which the party complained against is 
located. Such appeal shall be perfected by the filing with the clerk of 
said court a notice of appeal, together with a petition in duplicate 
which shall recite prior proceedings before the Secretary and shall 
state the grounds upon which the petitioner relies to defeat the right 
of the adverse party to recover the damages claimed, with proof of 
service thereof upon the adverse party. Such appeal shall not be 
effective unless within thirty days from and after the date of the 
reparation order the appellant also files with the clerk a bond in 
double the amount of the reparation awarded against the appellant 
conditioned upon the payment of the judgment entered by the court, plus 
interest and costs, including a reasonable attorney's fee for the 
appellee, if the appellee shall prevail. Such bond shall be in the form 
of cash, negotiable securities having a market value at least equivalent 
to the amount of bond prescribed, or the undertaking of a surety company 
on the approved list of sureties issued by the Treasury Department of 
the United States. The clerk of court shall immediately forward a copy 
thereof to the Secretary of Agriculture, who shall forthwith prepare, 
certify, and file in said court a true copy of the Secretary's decision, 
findings of fact, conclusions, and order in said case, together with 
copies of the pleadings upon which the case was heard and submitted to 
the Secretary. Such suit in the district court shall be a trial de novo 
and shall proceed in all respects like other civil suits for damages, 
except that the findings of fact and order or orders of the Secretary 
shall be prima-facie evidence of the facts therein stated. Appellee 
shall not be liable for costs in said court and if appellee prevails he 
shall be allowed a reasonable attorney's fee to be taxed and collected 
as a part of his costs. Such petition and pleadings certified by the 
Secretary upon which decision was made by him shall upon filing in the 
district court constitute the pleadings upon which said trial de novo 
shall proceed subject to any amendment allowed in that court.

(d) Suspension of license for failure to obey reparation order or appeal

    Unless the licensee against whom a reparation order has been issued 
shows to the satisfaction of the Secretary within five days from the 
expiration of the period allowed for compliance with such order that he 
has either taken an appeal as herein authorized or has made payment in 
full as required by such order his license shall be suspended 
automatically at the expiration of such five-day period until he shows 
to the satisfaction of the Secretary that he has paid the amount therein 
specified with interest thereon to date of payment: Provided, That if on 
appeal the appellee prevails or if the appeal is dismissed the automatic 
suspension of license shall become effective at the expiration of thirty 
days from the date of the judgment on the appeal, but if the judgment is 
stayed by a court of competent jurisdiction the suspension shall become 
effective ten days after the expiration of such stay, unless prior 
thereto the judgment of the court has been satisfied.

(June 10, 1930, ch. 436, Sec. 7, 46 Stat. 534; Apr. 13, 1934, ch. 120, 
Secs. 11-13, 48 Stat. 587, 588; June 19, 1936, ch. 602, Sec. 3, 49 Stat. 
1534; Aug. 20, 1937, ch. 719, Sec. 10, 50 Stat. 728; June 23, 1938, ch. 
599, 52 Stat. 953; May 14, 1940, ch. 196, 54 Stat. 214; Pub. L. 87-725, 
Secs. 9, 10, Oct. 1, 1962, 76 Stat. 675; Pub. L. 92-231, Sec. 2, Feb. 
15, 1972, 86 Stat. 38; Pub. L. 102-237, title X, Sec. 1011(5), Dec. 13, 
1991, 105 Stat. 1898.)

                          Codification

    Section was formerly classified to section 557 of this title.


                               Amendments

    1991--Subsecs. (a) to (c). Pub. L. 102-237 substituted periods for 
semicolons at end of subsecs. (a) to (c).
    1972--Subsec. (a). Pub. L. 92-231 directed the Secretary to order 
commission merchants, dealers, or brokers who are the losing party to 
pay the prevailing party, as reparation or additional reparation, 
reasonable fees and expenses incurred in connection with hearings.
    1962--Subsec. (c). Pub. L. 87-725, Sec. 9, limited time for filing 
the bond to within 30 days from and after the date of the reparation 
order, and required such bond to be in cash, negotiable securities 
having a market value of at least equivalent to the amount of bond 
prescribed or the undertaking of a surety company on the approved list 
of sureties issued by the Treasury Department.
    Subsec. (d). Pub. L. 87-725, Sec. 10, lengthened period upon the 
expiration of which the license is suspended from ten to thirty days, 
and provided that if the judgment is stayed by a court of competent 
jurisdiction the suspension becomes effective ten days after the 
expiration of such stay.
    1940--Subsec. (c). Act May 14, 1940, inserted proviso in first 
sentence.
    1938--Subsec. (a). Act June 23, 1938, inserted last two sentences.
    1937--Subsec. (a). Act Aug. 20, 1937, among other changes, inserted 
``or without hearing as provided in section 499f of this title, 
paragraphs (c) and (d), or upon failure of the party complained against 
to answer a complaint duly served within the time prescribed, or to 
appear at a hearing after being duly notified'' after ``section 499f''.
    Subsec. (b). Act Aug. 20, 1937, among other changes, substituted 
``pay the reparation award'' for ``comply with an order for the payment 
of money''.
    Subsec. (c). Act Aug. 20, 1937, inserted ``together with a bond in 
double the amount of the reparation award conditioned upon the payment 
of the judgment entered by the court plus interest and costs, including 
a reasonable attorney's fee for the appellee, if the appellee shall 
prevail'' after ``upon adverse party'' and struck out proviso in first 
sentence and ``by registered mail'' after ``adverse party''.
    Subsec. (d). Act Aug. 20, 1937, inserted proviso.
    1936--Subsec. (c). Act June 19, 1936, inserted proviso in first 
sentence and ``by registered mail'' after ``adverse party''.
    1934--Subsec. (b). Act Apr. 13, 1934, Sec. 11, inserted after first 
sentence ``The orders, writs and processes of the district courts may in 
these cases run, be served, and be returnable anywhere in the United 
States.''
    Subsecs. (c), (d). Act Apr. 13, 1934, Secs. 12, 13, added subsecs. 
(c) and (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 499d, 499h, 499m of this 
title; title 28 section 2342.
