Page:United States Statutes at Large Volume 50 Part 1.djvu/752

 75TH CONGRESS, 1ST SESSION-CH. 719-AUGUST 20, 1937 in the case of a partnership, had any share or interest, was revoked under the provisions of section 8 ; or (2) if at any time within two years lie has found after notice and hearing that said applicant was responsible in whole or in part for any flagrant or repeated violation of the provisions of section 2 ; or (3) if he finds, in case the applicant is a p artn ersh ip, asso ciat ion, or corp orat ion, tha t any individual holding office or, in the case of a partnership, having any interest or share in the applicant, has previously been responsible in whole or in part fo r any violati on of the prov isions of the Act for whic h the license of such individual, or of any partnership, association, or cor- poration in which such person held any office, or, in the case of a partnership, had any share or interest, was revoked under the pro- visions of section 8 ; or (4) if at any time within two years lie has found after notice and hearing, in case the applicant is a partnership, association, or corporation, that any individual holding any office or, in the case of a partnership, having any interest or share in the appli- cant was responsible in whole or in part for any flagrant or repeated violation of the provisions of section 2 ; or (5) if he finds that the applicant, subject to his right of appeal under section 7 (c), has failed, except in case of bankruptcy, to pay within the time limit provided therein any reparation order which has been issued, within two years, against him as an individual, or against a partnership of which he was a member, or an association or corporation in which he h eld any offic e, or, in case the a pplican t is a partne rship, associa - tion, or corporation, that any individual holding any office or, in the case of a partnership, having any interest or share in the applicant, subject to his right of appeal under section 7 (c), has failed, except in the case of bankruptcy, to pay within the time limit provided therein any reparation order which has been issued, within two years, against him as an in dividual or ag ainst a partn ership of whi ch he was a member, or an association or corporation in which he held any office. Notwithstanding all of the foregoing provisions of this para- graph, the Secretary. in the case of such applicant, may issue a license if the applicant fur nishes a bond or other sati sfactory a ssur ance that his business will be conducted in accordance with the provisions of the 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 following the date of the license, subject to his right of appeal under section 7 (c), but such license shall not be issued before the expiration of one year from the date of revocation of license or from the dat e of the Secr etary's finding that the applicant has been responsible, in whole or in part, for any flagrant or repeated violation of section 2. Such bond shall be in an amount sufficient in the judgment of the Secretary of Agri- culture to insure payment of such reparation orders ; "(c) The Secretary shall refuse to issue a license to an applicant if he finds after notice and hearing that at any time within two years said applicant has been found gu ilty in a Fed eral court of having violated the provisions of the Act known as the Produce Agency Act (7 U . S . C ., sets . 491-497), or of having violated section 14 (b) of this Act, or, in case the applicant is a partnership, that any member of the partnership was found guilty within two years of having violated the Produce Agency Act, or section 14 (b) of this Act, or, if the applicant is an association or corporation, that any officer or any person holding a responsible position therein has been found within two years to have been guilty of violating the Produce Agency Act or section 14 (b) of this Act ; "(d) The Secretary may withhold the issuance of a license to an applicant, for a period not to exceed thirty days pending an investi- 727 Repeated, etc ., vio- lations. Partnerships, etc. Member, etc ., hav- ing previously had licen se revo ked. Member, etc ., re- spons ible fo r repe ated violations. Failure to pay rep- aration order . Bank rupt cy ex - cepte d. Waiver of revoca- tio n and issue of license ; bond. Time limitation. Refusal, if applicant found guilty of Prod- uce Agency Act, etc ., violations. 7 U.S.C. §§ 491-497. Withholding of li- cense pending investi. gation.