Page:United States Statutes at Large Volume 110 Part 1.djvu/1097

 PUBLIC lAW 104-127—APR. 4, 1996 110 STAT. 1073 (b) POWER TO SUBPOENA.— (1) INVESTIGATIONS.—For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue subpoenas to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States. (2) ADMINISTRATIVE HEARINGS.— For the purpose of an administrative hearing held under section 558 or 559, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of any such records may be required from any place in the United States. (c) AID OF COURTS.— In the case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring the person to comply with the subpoena. (d) CONTEMPT. — Any failure to obey the order of the court may be punished by the court as a contempt of the court. (e) PROCESS. —Process in any such case may be served in the judicial district in which the person resides or carries on business or wherever the person may be found. (f) HEARING SITE. — The site of any hearing held under section 558 or 559 shall be in the judicial district where the person affected by the hearing resides or has a principal place of business. SEC. 561. REFERENDA. 7 USC 7470. (a) INITIAL REFERENDUM.— (1) REFERENDUM REQUIRED.—During the 60-day period immediately preceding the proposed effective date of an order issued under section 554, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order. (2) APPROVAL OF ORDER.— The order shall become effective, as provided in section 554, if the Secretary determines that— (A) the order has been approved by a majority of the producers and importers voting in the referendum; and (B) the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum. (b) SUBSEQUENT REFERENDA. — The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 554 that is in effect at the time of the referendum. (c) REQUIRED REFERENDA. —The Secretary shall hold a referendum under subsection (b)—

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