Page:United States Statutes at Large Volume 48 Part 1.djvu/612

 586 Time limitation. Attempted e vasion by employing a re- jected applicant, etc. Wa iver after one year. Licen se may be wi th- held temporarily pen ding investi gation. Hearing. If application con- tains false, etc ., state- ment. License may be re- voked if found falsely obtained. 73d CONGRESS. SESS. II. CH. 120. APRIL 13, 1934 . with the provisions of this Act, and that he will pay all reparation orders which may previously have been issued against him for violations, or which may be issued against him within two years followi ng the date of the l icense, subjec t to h is righ t of ap peal u nder section 7(b), but such license shall not be issued before the expira- tion of one year from the date of such revocation, or from the date of the Secretary's finding that applicant has been responsible, in whole o r in pa rt, for any f lagrant or rep eated violati on of s ection 2 ;" SEC. 5. That a new paragraph lettered (c) and reading as follows is hereby added to section 4 of the Perishable Agricultural Com- modities Act, 1930 "(c) The Secretary may, after thirty days' notice and an oppor- tunity for a hearing, revoke the license of any commission merchant, dealer, or broker, who after the date given in such notice continues to employ in any responsible position any individual whose license was revoked or who was responsibly connected with any firm, part- nership, association, or corporation whose license has been revoked within one year prior to the date of such notice. Employment of such individual by a licensee in any responsible position after one yea r following t he revocation of any such l icense shall be condi- tioned upon the filing by the employing licensee of a bond or other satisfactory assurance that its business will be conducted in accord- ance with the provisions of this Act ;" SEC . 6 . That a new paragraph lettered (d) and reading as fol- lows is hereby added to section 4 of the Perishable Agricultural Commodities Act, 1930 : "(d) The Secretary may withhold the issuance of a license to an applicant, for a period not to exceed thirty days pending investiga- tion, if the Secretary believes that the application contains any material false or misleading statement or involves misrepresentation, concealment or withholding of facts respecting any violation of the Act by any officer, agent, or employee. If, after investigation, the Secretary believes that the applicant should be refused a license, the applicant shall be give n an opportun ity for a hear ing within sixty days from the date of the application to show cause why a license should not be refused. If after hearing the Secretary finds that the app lica tion con tain s a mate rial fal se o r mi slea ding sta te- ment made by the applicant or by its representative on its behalf or involves a misrepresentation, concealment or withholding of facts respect ing any violat ion of the Ac t by an y offi cer, ag ent, or emplo yee, the Secretary shall refuse to issue a license to the applicant ." SEC . 7. That a new paragraph lettered (e) and reading as fol- lows is hereby added to section 4 of the Perishable Agricultural Commod ities Act, 1 930 : "(e) If, after a license shall have been issued to an applicant, the Secretary believes that the license was obtained through a false or misleading statement in the application therefor or through a mis- repr esen tati on, conc ealm ent, or with hold ing of f acts res pect ing any violation of the Act by any officer, agent, or employee, he may, after thirty days' notice and an opportunity for a hearing, revoke said license, whereupon no license shall be issued to said applicant or any applicant in which the person responsible for such false or misleading statement or misrepresentation, concealment, or with- ho lding of fact s is fi nancia lly int erested, exce pt unde r the c onditi ons set forth in paragraph (b) of this section ." SEC . 8. That paragraph (c) of section 6 of the Perishable Agri- cultural Commodities Act, 1930, is hereby amended to read as follows