Page:United States Statutes at Large Volume 90 Part 1.djvu/1178

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 1128

PUBLIC LAW 94-385—AUG. 14, 1976 GUIDELINES FOR HARDSHIP AND I N E Q U I T Y AND HEARING AT APPEALS

SEC. 104. Section 7(i)(1)(D) of the Federal Energy Administration 15 USC 766. Act of 1974 is amended to read as follows: Rules and "(D) Any officer or agency authorized to issue the rules, regulations, regulations. or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. Such officer or agency shall, within ninety days after the date of the enactment of the Federal Energy 15 USC 761 note. Administration Act Amendments of 1976, establish criteria and guidelines by which such special hardship, inequity, or unfair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. If any person is aggrieved or adversely Review. affected by a denial of a request for adjustment under the preceding sentences, he may request a review of such denial by the agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such a denial becomes final. The agency shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial, and where deemed advisable by the agency, for considering other requests for action under this paragraph, except that no review of a denial under this subparagraph shall be controlled by the same officer denying the adjustment pursuant to this subparagraph.". REQUIREMENTS FOR HEARING I N THE GEOGRAPHIC AREA AFFECTED BY RULES AND REGULATIONS OF THE ADMINISTRATOR

15 USC 766.

Definitions.

SEC. 105. Section 7(i)(1) is amended by adding after subparagraph (E) the following new subparagraph: " (F)(i) With respect to any rule or regulation of the Administrator the effects of which, except for indirect effects of an inconsequential nature, are confined to— " (I) a single unit of local government or the residents thereof; " ( II) a single geographic area within a State or the residents thereof; or " ( III) a single State or the residents thereof; the Administrator shall, in any case where he is required by law, or where he determines, to afford an opportunity for a hearing or the oral presentation of views, provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in subclauses (I) through ( III), as the case may be. " (ii) For purposes of this subparagraph— " (I) the term 'unit of local government' means a county, municipality, town, township, village, or other unit of general government Wow the State level; and " ( II) the term 'geographic area within a State' means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.