Page:United States Statutes at Large Volume 82.djvu/807

 82 STAT. ]

PUBLIC LAW 90-487-AUG. 15, 1968

765

"(c) The Secretary may require such examinations and reexamina- andnation"*^' ^* tions as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Department of Agriculture, to perform any official inspection function under this Act. " (d) Persons employed by an official inspection agency and persons performing official inspection functions under contracts with the Department of Agriculture shall not, unless otherwise employed by the Federal Government, be deemed to be employees of the Federal Government of the United States. "REFUSAL OF RENEWAL, OR SUSPENSION OR REVOCATION, OF LICENSES

"SEC. 9. The Secretary may refuse to renew, or may suspend or revoke, any license issued under this Act whenever, after the licensee has been afforded an opportunity for a hearing, the Secretary shall determine that such licensee is incompetent, or has inspected grain for purposes of this Act by any standard or criteria other than as provided for in this Act, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected grain improperly under this Act, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used his license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this Act or of the regulations prescribed or instructions issued to him by the Secretary under this Act. The Secretary may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Secretary deems such action to be in the best interests of the official inspection system under this Act.

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"REFUSAL OF OFFICIAL INSPECTION

"SEC. 10. (a) The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection otherwise available under this Act with respect to any grain offered for inspection, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any general partner; or in case such person is a corporation, any officer, director, or holder or ow'ner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof) has been convicted of any violation of section 13 of this Act, or that official inspection has been refused for any of the abovespecified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing official inspection with respect to such grain would be inimical to the integrity of the official inspection service. "(b) For purposes of paragraph (a) of this section, a person shall be deemed to be responsibly connected with a business if he was or is a partner, officer, director, or holder or owner of 10 per centum or more of its voting stock, or an employee in a managerial or executive capac"(c) Before official inspection is refused to any person under paragraph (a), such person shall be afforded opportunity for a hearing.

Hearing.

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