Page:United States Statutes at Large Volume 94 Part 1.djvu/865

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-296—JULY 1, 1980

94 STAT. 815

49 USC 10529.

  • '§ 10529. Limited authority over cooperative associations

"(a) Notwithstanding section 10526(a)(5) of this title, any coopera- Notification; tive association (as defined by section 15(a) of the Agricultural recordkeeping. Marketing Act (12 U.S.C. 1141j(a)) or a federation of cooperative 49 USC 10526. associations which is required to notify the Commission under such section 10526(a)(5) shall prepare and maintain such records relating to transportation provided by such association or federation, in such form, as the Commission may require by regulation to carry out the provisions of such section 10526(a)(5). iTie Commission or an Inspection employee designated by the Commission, may on demand and display rights. of proper credentials—

  • X1) inspect and examine the lands, buildings, and equipment

of such association or federation; and "(2) inspect and copy any record of such association or federation. "(b) Notwithstanding section 10526(a)(5) of this title, the Commis- Filing of sion may require a cooperative association or federation of coopera- reports. tive associations described in subsection (a) of this section to file reports with the Commission containing answers to questions about transportation provided by such association or federation. "(c) The Commission may bring a civil action to enforce subsections eivil action. (a) and (b) of this section or a regulation or order of the Commission issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a). "(d)(1) A person required to make a report to the Commission, Noncompliance answer a question, or maintain a record under this section, or an penalty. officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not maintain the record in the form and manner prescribed by the Commission, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. "(2) Trial in a civil action under paragraph (1) of this subsection shall be in the judicial district in which (A) the cooperative association or federation of cooperative associations has its principal office, (B) the violation occurred, or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. "(e) A person, or an officer, employee, or agent of that person, that by any meems knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. "(f) A person required to make a report to the Commission, answer Violations, a question, or maintain a record under this section, or an officer, penalties. agent, or employee of that person, that (1) willfully does not make that report, (2) willfuUjr does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not maintain that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) mowingly and willfully files a false report or record with the Commission under this section, (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction, or (7) knowingly and willfully maintains a record in violation of a regulation or order of the

79-194

O—81—pt. 1

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