768
PUBLIC LAW 90-487-AUG. 15, 1968
[82
STAT.
ment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine. " (b) Nothing in this Act shall be construed as requiring the Secretary to report minor violations of this Act for criminal prosecution whenever he believes that the public interest will be adequately served by a suitable written notice or warning. li
R E S P O N S I B I L I T Y FOR ACTS OF OTHERS
"SEC, 15. When construing and enforcing the provisions of this Act, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of his employment or office shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person. ii^
GENERAL A U T H O R I T I E S
80 Stat. 384-
"SEC. 16. The Secretary is authorized to conduct such investigations, hold such hearings, require such reports from any official inspection agency or any person, and prescribe such rules and regulations as he deems necessary to effectuate the purposes or provisions of this Act. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this Act shall be determined by tests made in accordance with such procedures as the Secretary may adopt to effectuate the objectives of this Act, if the relevant facts are determinable by such tests. Proceedings under section 9 or 10 of this Act for refusal to renew, or for suspension or revocation of, a license, or for refusal of official inspection service not required by section 5 of this Act, shall not, unless requested by the respondent, be subject to the administrative procedure provisions in sections 554, 556, and 557 of title 5, United States Code. "ENFORCEMENT PROVISIONS
Subpena power.
W i t n e s s e s, court order requiring attendance and t e s timony.
F e e s and mileage c o s t s.
"SEC. 17. (a) For the purposes of this Act, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exercised; and the Secretary shall have power to, require by subpena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation, and may administer oaths and affirmations, examine witnesses, and receive evidence. "(b) Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. I n case of disobedience to a subpena the Secretary may invoke the aid of any court designated in paragraph (h) of this section in requiring the attendance and testimony of witnesses and the production of documentary evidence. "(c) Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court EIS a contempt thereof. " (d) Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the
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