Page:United States Statutes at Large Volume 50 Part 1.djvu/755

 730 Proviso. Effective if appeal dismissed, etc. 46 Stat. 535 . 7U.S.C.§499h. Suspension or revo- cation, grounds for. Licensee employing unlicensed employe e, restri ction. License obtai ned through misreprese n- tati on. Injunction proceed- ings. 46 Stat.537. 7U.S.C.§499n. I nspec tions ; em- ployme nt of insp ec- tors, etc. 75TH CON GRESS, 1ST SESSION-CH. 71 9-AUG UST 20, 1937 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 the appeal the appellee prevails or if the appeal is dismissed the automatic suspension of license shall become effective at the expiration of ten days from the date of the judgment on the appeal unless prior thereto the judgment of the court has be en satisfied ." SEC. 11. Tha t section 8 of th e Perishable Agric ultural Commoditi es Act, 1930, as amended, is hereby amended to read as follows " (a) Whenever (a) the Secretary determines, as provided in section 6, that any commission merchant, dealer, or broker has violated any of the provisions of section 2, or (b) any commission merchant, d ealer, or broker h as been found gui lty in a Federal c ourt of having violated section 14 (b) of this Act, the Secretary may pub- lish the facts and circumstance s of such violati on and/or, by orde r, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is flagrant or repeated, the Secretary may, by order, revoke the license of the offender ; "( b) The Secretary may, after thirty days' notice and an oppor- tunity for a hearing, revoke the license of an y commission merch ant, 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who, after the date given in such notice, continues to employ in any responsible position any individual whose license was revoked or who was responsibly connected with any firm, partn ership associ ation, or corp oration whose license has been revoked . Employment of such individual by a licensee in any responsible position after one year following the revocation of any such license shall be conditioned upon the filing by the employing licensee of a bond, in such reasonable sum as may be fixed by the Secretary, or other assurance satisfactory to the s ec r e t ar y t ha t it s business will be conducted in a ccordance with th e provisions of th is Act "('c) 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- representation, concealment, or withholding of facts respecting any violation of the Act by any officer, agent, or employee, 'he ma y, 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, co ncealme nt, or with- hol ding of facts is fina ncia lly inte rest ed, e xcep t un der the cond ition s set forth in paragraph (b) of section 4. "(d) In addition to being subject to the penalties provided by section 3 (a) of this Act, any commission merchant, dealer, or broker who engages in or operates such business without a valid and effective l icense from the Se cretary shall be liable to be proce eded against in any court of competent jurisdiction in a suit by the United States for a n injun ction t o restr ain suc h defen dant f rom further continuing so to engage in or operate such business, and, if the court shall find that the defendant is continuing to engage in such business without a valid and effective license, the court shall issue an injunc- tion to restrain such defendant from continuing to engage in or to operate such business without such license ." SEC. 12. That section 14 of the Perishable Agricultural Commodi- ties Act, 1930, as amended, is hereby amended to read as follows "( a) The Secretary is hereby authorized, independently and in cooperation with other branches' of the Government, State, or munic- ipal agencies and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, witho ut regard to the filing of a compl aint under this Ac t,