§499f. Complaint and investigation

(a) Petition to Secretary of Agriculture; time of making; contents; service; answer

Any person complaining of any violation of any provision of section 499b of this title by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Secretary, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary.

(b) Complaint to Secretary requesting investigation of violations; by whom made

Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Department of Agriculture or any interested person may file, in accordance with rules and regulations of the Secretary, a complaint of any violation of any provision of this chapter by any commission merchant, dealer, or broker and may request an investigation of such complaint by the Secretary.

(c) Service of complaint; hearing

If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or by certified mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the said person is engaged in business: Provided, That in complaints wherein the amount claimed as damages does not exceed the sum of $15,000, a hearing need not be held and proof in support of the complaint and in support of respondent's answer may be supplied in the form of depositions or verified statements of fact.

(d) Determination by Secretary of violations

After opportunity for hearing on complaints where the damages claimed exceed the sum of $15,000 has been provided or waived and on complaints where damages claimed do not exceed the sum of $15,000 not requiring hearing as provided herein, the Secretary shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 499b of this title.

(e) Complaints by nonresidents; bond for costs and fees

In case a complaint is made by a nonresident of the United States, or by a resident of the United States to whom the claim of a nonresident of the United States has been assigned, the complainant shall be required, before any formal action is taken on his complaint, to furnish a bond in double the amount of the claim conditioned upon the payment of costs, including a reasonable attorney's fee for the respondent if the respondent shall prevail, and any reparation award that may be issued by the Secretary of Agriculture against the complainant on any counter claim by respondent: Provided, That the Secretary shall have authority to waive the furnishing of a bond by a complainant who is a resident of a country which permits the filing of a complaint by a resident of the United States without the furnishing of a bond.

(June 10, 1930, ch. 436, §6, 46 Stat. 534 ; Apr. 13, 1934, ch. 120, §§8–10, 48 Stat. 586 , 587; Aug. 20, 1937, ch. 719, §§8, 9, 50 Stat. 728 ; June 11, 1960, Pub. L. 86–507, §1(4), 74 Stat. 200 ; Oct. 1, 1962, Pub. L. 87–725, §8, 76 Stat. 675 ; Feb. 15, 1972, Pub. L. 92–231, §1, 86 Stat. 38 ; Dec. 22, 1981, Pub. L. 97–98, title XI, §1115(c), 95 Stat. 1270 ; Oct. 18, 1982, Pub. L. 97–352, §2, 96 Stat. 1667 ; Dec. 13, 1991, Pub. L. 102–237, title X, §1011(4), 105 Stat. 1898 .)

Codification

Section was formerly classified to section 556 of this title.

Amendments

1991-Subsecs. (c), (d). Pub. L. 102–237 inserted a period at end of subsec. (c) and substituted a period for semicolon at end of subsec. (d).

1982-Subsec. (e). Pub. L. 97–352 inserted "or by a resident of the United States to whom the claim of a nonresident of the United States has been assigned," after "In case a complaint is made by a nonresident of the United States,".

1981-Subsecs. (c), (d). Pub. L. 97–98 substituted "$15,000" for "$3,000".

1972-Subsec. (c). Pub. L. 92–231 substituted "$3,000" for "$1,500".

Subsec. (d). Pub. L. 92–231 substituted "$3,000" for "$1,500" wherever appearing.

1962-Subsec. (c). Pub. L. 87–725 substituted "$1,500" for "$500".

Subsec. (d). Pub. L. 87–725 substituted "$1,500" for "$500" wherever appearing.

1960-Subsec. (c). Pub. L. 86–507 inserted "or by certified mail" after "registered mail".

1937-Subsec. (b). Act Aug. 20, 1937, §8, substituted "section 499b of this title" for "this chapter".

Subsec. (e). Act Aug. 20, 1937, §9, inserted "and any reparation award that may be issued by the Secretary of Agriculture against the complainant on any counter claim by respondent" and proviso.

1934-Subsec. (c). Act Apr. 13, 1934, §8, inserted proviso.

Subsec. (d). Act Apr. 13, 1934, §9, substituted "complaints" for "a complaint" after "on" and inserted "where damages claimed do not exceed the sum of $500 not requiring hearing as provided herein" after "complaints".

Subsec. (e). Act Apr. 13, 1934, §10, among other changes, inserted "formal" before "action".

Effective Date of 1982 Amendment

Section 3 of Pub. L. 97–352 provided that: "The amendment made by section 2 [amending this section] shall not apply with respect to complaints made under section 6(e) of the Perishable Agricultural Commodities Act, 1930 [subsec. (e) of this section], before the date of enactment of this Act [Oct. 18, 1982]."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Filing and Handling Fees During Fiscal Years 1995 and 1996

Pub. L. 103–276, §1, July 5, 1994, 108 Stat. 1406 , provided that:

"(a) Temporary Filing Fee Required.-During fiscal years 1995 and 1996, the Secretary of Agriculture shall require persons who submit petitions to the Secretary under section 6(a) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f(a)), alleging a violation of section 2 of such Act (7 U.S.C. 499b), to include a filing fee of $60 per petition.

"(b) Temporary Handling Fee Required.-During fiscal years 1995 and 1996, if the Secretary determines under section 6(a) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f(a)), that the facts contained in a petition described in such section warrant further action, the person or persons submitting the petition shall submit to the Secretary a handling fee of $300. The Secretary may not forward a copy of the complaint to the commission merchant, dealer, or broker involved until after the Secretary receives the required handling fee. In determining the amount of damages incurred by an injured person or persons preparatory to issuing a reparation order under section 7 of such Act (7 U.S.C. 499g), the Secretary shall include the amount of any handling fee paid by the injured person or persons under this subsection.

"(c) Deposit of Fees.-The Secretary shall deposit fees submitted under this section into the Perishable Agricultural Commodities Act Fund."

Cross References

Delegation of regulatory functions of Secretary of Agriculture, see section 450c of this title.

Section Referred to in Other Sections

This section is referred to in sections 499g, 499h, 499m of this title.