Page:United States Statutes at Large Volume 50 Part 1.djvu/753

728 Hearing . Refusal, if found un- fit, etc . 46 Stat . 534 . 7U.S.C.§499e. Liability to person damaged . 46 Stat .534. 7U.S.C.§499f . Complaint and in- vestigation . 46 Stat . 534. 7U.S.C.499f(e). Complaints by non- residents. Bo nd in do uble amount of claim, etc . Proviso . Re cip roc al wai ver provision . 46 Stat. 534. 7U.S.C.§499g. Reparation order . Decision where hearing not required, or defendant fails to answer . 75TH CONGRESS, 1sT SESSION-CH. 719-AUGUST 20, 19 37 gation, for the purpose of determining (a) whether the applicant is unfit to engage in the business of a commissi on merchant, dealer, or broker by reason of having prior to the date of the application engaged in any practice of the character prohibited by this Act, or (b) whether the application contains . any materially false or mis- leadi ng statement or involves an y misrepresen tation, conce alment, or withholding of facts respecting any violation of the Act by any officer, agent, or employee of the applicant . If after . investigation the Secretary believes that the applicant should be refused a license, the applicant shall be given an opportunity for hearing within sixty days from the date of the application to show cause why the license should not be refused . If after the hearing the Secretary finds that the applicant is unfit to engage in the business of a commission mer- chant, dealer, or broker by reason of having prior to the date of the application engaged in any practice of the character prohibited by this Act, or because the application contains a materially false or misleading statement made by the applicant or by its representative on its behalf, or involves a misrepresentation, concealment, or with- holding of facts respecting any violation of the Act by any officer, agent, or employee, the Secretary shall refuse to issue a license to the applicant ." SEC. 7. That paragraph (a) of section 5 of the Perishable Agricul- tural Commodities Act, 1930, as amended, is hereby amended to read as follows "( a) If an y commission merchant, deal er, or broker . vi o la te s a ny provision of section 2 he shall be liable to the person or persons injured thereby for the full amount of damages sustained in conse- quence of such violation ." SEC . 8 . That parag raph (b) of s ection 6 of t he Perishable Agri- cultural Commodities Act, 1930, as amended, is hereby amended to read as follows "(b) Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Depart- ment of Agriculture or any interested person may file, in accordance with rules and regulations of the Secretary, a complaint of any violation of any provision of this Act by any commission merchant, de aler , or bro ker and may requ est an i nves tiga tion of such com plai nt by the Secretary ." SEC . 9 . That paragra ph (e) of sec tion 6 of the Perishable Ag ri- cultural Commodities Act, 1930, as amended, is hereby amended to read as follows "( e) In case a complaint is made by a non resident of t he United States, the complainant shall be required, before any formal action is take n on his comp laint, to furn ish a bond in double the am ount of the claim conditioned upon the payment of costs, including a rea- sonable attorney's fee for the respondent if the respondent shall pre- vail, and any reparation award that may be issued by the Secretary of Agriculture against the complainant on any counter claim by respondent : Provided, That the Secretary shall have authority to waive t he furnishing of a bond by a complainant who is a resi dent of a country which permits the filing of a complaint by a resident of the United States without the furnishing of a bond." SF-c . 10 . T hat section 7 of the Peris hable Agricult ural Commodi- ties Act, 19.30, as amended, is hereby amended to read as follows "( a) If after a hearing on a complaint made by any person under section 6, or without hearing as provided in section 6, paragraphs (c) and (d), or upon failure of the party complained against to answer a complaint duly served within the time prescribed, or to appear at a hearing after being duly notified, the Secretary deter-