U.S. Code » Title 7 » Chapter CHAPTER 10— WAREHOUSES

7 U.S.C. § 252

Suspension or revocation of licenses

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(a) In generalAfter providing notice and an opportunity for a hearing in accordance with this section, the Secretary may suspend or revoke any license issued, or approval for an activity provided, under this chapter—(1) for a material violation of, or failure to comply, with any provision of this chapter (including regulations promulgated under this chapter); or(2) on the ground that unreasonable or exorbitant charges have been imposed for services rendered.(b) Temporary suspension

The Secretary may temporarily suspend a license or approval for an activity under this chapter prior to an opportunity for a hearing for any violation of, or failure to comply with, any provision of this chapter (including regulations promulgated under this chapter).

(c) Authority to conduct hearings

The agency within the Department that is responsible for administering regulations promulgated under this chapter shall have exclusive authority to conduct any hearing required under this section.

(d) Judicial review(1) Jurisdiction

A final administrative determination issued subsequent to a hearing may be reviewable only in a district court of the United States.

(2) Procedure

The review shall be conducted in accordance with the standards set forth in section 706(2) of title 5.

(Aug. 11, 1916, ch. 313, pt. C, § 13, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2067.)Editorial NotesPrior Provisions

A prior section 252, acts Aug. 11, 1916, ch. 313, pt. C, § 11, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, § 6, 46 Stat. 1464, authorized license to classify, grade, or weigh agricultural products, prior to the general amendment of this chapter by Pub. L. 106–472. See section 242 of this title.

A prior section 13 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 254 of this title, prior to the general amendment of this chapter by Pub. L. 106–472.

Notes of Decisions
Cited in 5 cases, 1978–2003 · leading case: United States v. Robert Kirby & James Curtis, 587 F.2d 876 (7th Cir. 1978).
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United States v. Robert Kirby & James Curtis, 587 F.2d 876 (7th Cir. 1978). · cites it 6× “Byrd, both grain inspectors licensed by the United States Department of Agriculture under 7 U.S.C. § 252 and regulations thereunder ( 7 C.”
Dixson v. United States, 465 U.S. 482 (1984). · cites it 2× “The Kirby defendants acted under the United States Warehouse Act, 7 U. S. C. § 252 , which unlike the Grain Standards Act makes no reference to § 201(a).”
Gov't of India v. Cargill, Inc., 445 F. Supp. 714 (S.D.N.Y. 1978). · cites it 2× “, a United States port of embarkation, by a licensed weighmaster certified pursuant to 7 U.S.C. § 252 and the quality certified by an inspector licensed under the United States Grain Standards Act, 7 U.”
Pac. Bell v. Pac-West Telecomm, Inc., 325 F.3d 1114 (9th Cir. 2003). “7 U.S.C. § 252 reads in relevant part: Procedures for negotiation, arbitration, and approval of agreement (a) Agreements arrived at through negotiation (1) Voluntary negotiations Upon receiving a request for interconnection, services, or network elements pursuant to section 251…”
Heart of Am. Grain Inspection Serv., Inc. v. Missouri Dep't of Agric., 123 F.3d 1098 (8th Cir. 1997). “Federal grain weighing licenses were issued to the individual HOA plaintiffs and to other HOA employees pursuant to 7 U.S.C. § 252 (1994), which provides that the Secretary of Agriculture may issue a license to any competent individual “to weigh .”
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