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U.S. Code as of:
01/03/05
Section 6010. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary
determines necessary -
(1) for the effective administration of this chapter; or
(2) to determine whether a person has engaged or is engaging in
any act or practice that constitutes a violation of any provision
of this chapter, or of any plan, rule, or regulation issued under
this chapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a)
of this section, the Secretary is authorized to administer oaths
and affirmations and to issue a subpoena to require the
production of any records that are relevant to the inquiry. The
production of any such records may be required from any place in
the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section
6008 or 6009 of this title, the presiding officer is authorized
to administer oaths and affirmations, subpoena witnesses, compel
their attendance, take evidence, and require the production of
any records that are relevant to the inquiry. Such attendance of
witnesses and the production of any such records may be required
from any place in the United States.
(c) Aid of courts
In case of contumacy by, or refusal to obey a subpoena issued to,
any person, the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which such investigation
or proceeding is carried on, or where such person resides or
carries on business, in order to enforce a subpoena issued by the
Secretary under subsection (b) of this section. The court may issue
an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by
such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district
in which such person resides or conducts business or wherever such
person may be found.
(f) Hearing site
The site of any hearings held under section 6008 or 6009 of this
title shall be within the judicial district where such person
resides or has a principal place of business.
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