Page:United States Statutes at Large Volume 53 Part 2.djvu/811

 1287 53 STAT.] 76TH CONG., 1ST SESS.-CH. 615-AUG. 9, 1939 is contemplated shall be given appropriate notice and an opportunity to prevent his views, either orally or in writing, with regard to such contemplated proceeding. CEASE AND DESIST PROCEEDINGS SEC. 409. (a) WVlenever the Secretary of Agriculture has reason to Cease and desist believe that any person has violated or is violating any of the Pervieeinofcomplint; provisions of this Act or the rules and regulations made and hearing promulgated thereunder, he shall cause a complaint in writing to be served upon the person, stating his charges in that respect, and requiring the person to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the person a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such rules and regulations as the Secretary of Agriculture may prescribe. At any time prior to the close of the hearing the Secretary of Agriculture may amend the complaint; but in case of any amend- ment adding new provisions the hearing shall, on the request of the person, be adjourned for a period not exceeding fifteen days. (b) If, after such hearing, the Secretary of Agriculture finds that Cease and desist the person has violated or is violating any provisions of the Act or violation founed if rules and regulations covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the person an order requiring such person to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. (c) Until a transcript of the record in such hearing has been filed Amendment, etc.,of in a circuit court of appeals, as provided in section 410, the Secretary report or order of Agriculture at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the person to be heard, may amend or set aside the report or order, in whole or in part. (d) Complaints, orders, and other processes of the Secretary of Servi, r f e;;;',,, ' Agriculture under this section may be served by anyone duly autllor- other p.rocesses. ized by the Secretary of Agriculture, either (1) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office or place of business of such person, partnership, or corporation; or (3) by registering and mailing a copy thereof addressed to such person, partnership, or corporation at his or its last known principal office or place of business. The verified return by the person so serving said complaint, order, or other proc- ess setting forth the manner of said order shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the same. SEC. 410. An order made under section 409 shall be final and conclu- Order final unless sive unless within thirty days after the service the person appeals to h irty days. hin the circuit court of appeals for the circuit in which such person resides or has his principal place of business by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together Bond. with a bond in such sum as the court may determine, conditioned that such person will pay the costs of the proceedings if the court so directs.

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