Page:United States Statutes at Large Volume 52.djvu/1059

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAWS-CH. 601-JUNE 23, 1938 Complaints to and investigations by the Authority. Filing of complaints authorized. Investigations on in- itiative of Authority. Entry of orders for compliance with Act. Power to prescribe rates and practices of air carriers. Proiso. Overseas transpor- tation; rates, fares, etc. hearing or proceeding in which he has a pecuniary interest. Any person may appear before the Authority and be heard in person or by attorney. Every vote and official act of the Authority shall be entered of record, and its proceedings shall be open to the public upon the request of any interested party unless the Authority determines that secrecy is requisite on grounds of national defense. COMPLAINTS TO AND INVESTIGATIONS BY THE AUTHORITY Filing of Complaints Authorized SEC. 1002. (a) Any person may file with the Authority a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provision of this Act, or of any requirement established pursuant thereto. If the person complained against shall not satisfy the complaint and there shall appear to be any reasonable ground for investigating the complaint, it shall be the duty of the Authority to investigate the matters complained of. Whenever the Authority is of the opinion that any complaint does not state facts which warrant an investigation or action on its part, it may dismiss such complaint without hearing. Investigations on Initiative of Authority (b) The Authority is empowered at any time to institute an investi- gation, on its own initiative, in any case and as to any matter or thing concerning which complaint is authorized to be made to or before the Authority by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. The Authority shall have the same power to proceed with any investi- gation instituted on its own motion as though it had been appealed to by complaint. Entry of Orders for Compliance With Act (c) If the Authority finds after notice and hearing, in any investi- gation instituted upon complaint or upon its own initiative, that any person has failed to comply with any provision of this Act or any requirement established pursuant thereto, the Authority shall issue an appropriate order to compel such person to comply therewith. Power to Prescribe Rates and Practices of Air Carriers (d) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Authority shall be of the opinion that any individ- ual or joint rate, fare, or charge demanded, charged, collected or received by any air carrier for interstate or overseas air transportation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly pref- erential, or unduly prejudicial, the Authority shall determine and prescribe the lawful rate, fare, or charge (or the maximum or mini- mum, or the maximum and minimum thereof) thereafter to be demanded, charged, collected, or received, or the lawful classification, rule, regulation, or practice thereafter to be made effective: Pro- vided, That as to rates, fares, and charges for overseas air transporta- tion, the Authority shall determine and prescribe only a just and reasonable maximum or minimum or maximum and minimum rate, fare, or charge. 1018 [52 STAT.