7 U.S.C. § 85 — Suspension, revocation, and refusal to

Page 184 TITLE 7—AGRICULTURE § 85 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amend- ed, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. § 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension The Secretary may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been af- forded an opportunity for a hearing, the Sec- retary shall determine that such licensee is in- competent, or has inspected or weighed or super- vised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect of- ficial certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used the license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to the licensee by the Secretary under this chap- ter. The Secretary may, without first affording the licensee an opportunity for a hearing, sus- pend any license temporarily pending final de- termination whenever the Secretary deems such action to be in the best interests of the official inspection system under this chapter. The Sec- retary may summarily revoke any license when- ever the licensee has been convicted of any of- fense prohibited by section 87b of this title or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter. (Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485; Aug. 1, 1956, ch. 812, 70 Stat. 780; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94–582, § 11, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103–156, § 12(h), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1993—Pub. L. 103–156, which directed amendment of ‘‘Section 9’’ by substituting ‘‘or has used the license’’ for ‘‘or has used his license’’ and ‘‘instructions issued to the licensee’’ for ‘‘instructions issued to him’’, with- out specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the prob- able intent of Congress. 1976—Pub. L. 94–582 substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘inspected or weighed or supervised the weighing of’’ for ‘‘inspected’’ in two places and authorized summary revocation of li- censes based on conviction of prescribed offenses. 1968—Pub. L. 90–487 substituted provisions author- izing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter. 1956—Act Aug. 1, 1956, provided penalties for persons who knowingly sample grain improperly and for per- sons who knowingly or willfully cause or attempt to cause the issuance of a false grade certificate by decep- tive loading, handling, or sampling of grain, or any other means. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amend- ed, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. § 86. Refusal of inspection and weighing services; civil penalties (a) Grounds for refusal of services The Secretary may (for such period, or indefi- nitely, as the Secretary deems necessary to ef- fectuate the purposes of this chapter) refuse to provide official inspection or the services re- lated to weighing otherwise available under this chapter with respect to any grain offered for such services, or owned, wholly or in part, by any person if the Secretary determines (1) that the individual (or in case such person is a part- nership, any general partner; or in case such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an un- incorporated association or other business enti- ty, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the busi- ness) has knowingly committed any violation of section 87b of this title, or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the serv- ices related to weighing have been refused for any of the above-specified 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 pro- viding such service with respect to such grain would be inimical to the integrity of the service. (b) Persons responsibly connected with a busi- ness For purposes of subsection (a) of this section, a person shall be deemed to be responsibly con- nected with a business if the person 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 capacity. (c) Civil penalties In addition to, or in lieu of, penalties provided under section 87c of this title, or in addition to,