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46 U.S.C. § 12140 - U.S. Code - Unannotated Title 46. Shipping § 12140. Investigations by Secretary

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In general.--The Secretary may conduct investigations and inspections regarding compliance with this chapter and regulations prescribed under this chapter.

(b) Authority to obtain evidence.--

(1) In general.--For the purposes of any investigation conducted under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence relevant to the matter under investigation if--

(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena--

(i) is reasonable; and

(ii) will interfere with a criminal investigation; and

(B) the Attorney General--

(i) determines that the subpoena is reasonable and will not interfere with a criminal investigation; or

(ii) fails to make a determination with respect to the subpoena before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A) with respect to the subpoena.

(2) Enforcement.--In the case of a refusal to obey a subpoena issued to any person under this section, the Secretary may invoke the aid of the appropriate district court of the United States to compel compliance.

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Cite this article: FindLaw.com - 46 U.S.C. § 12140 - U.S. Code - Unannotated Title 46. Shipping § 12140. Investigations by Secretary - last updated January 01, 2024 | https://codes.findlaw.com/us/title-46-shipping/46-usc-sect-12140/

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