Page:United States Statutes at Large Volume 54 Part 1.djvu/948

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


49 Stat. 548. required to be referred to joint boards by section 205, and except §305. P functions vested in the Commission under this section), or any matter Post, p. 922. which shall have been or may be referred to it by Congress or by either branch thereof, be assigned or referred to any division, to an individual Boards. Commissioner, or to a board to be composed of three or more eligible employees of the Commission (hereinafter in this section called a 'board') to be designated by such order, for action thereon, and the Commission may by order at any time amend, modify, supplement, or Employees eligible rescind any such assignment or reference. The following classes of for designation. employees shall be eligible for designation by the Commission to serve on such boards: examiners, directors or assistant directors of bureaus, Basis of assign- chiefs of sections, and attorneys. The assignment or reference, to ments. divisions, of work, business, or functions relating to the lawfulness of rates, fares, or charges shall be made according to the character of regulation to be exercised and not according to the kind or class of the carriers involved or to the form or mode of transportation in which such carriers may be engaged. When an individual Commissioner, or any employee, is unable to act upon any matter so assigned or referred because of absence or other cause, the Chairman of the Com- mission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission otherwise orders. Conduct of proceed. " (3) The Commission shall conduct its proceedings under any pro- in gs . vision of law in such manner as will best conduce to the proper Officialseal. dispatch of business and to the ends of justice. The Commission shall have an official seal, which shall be judicially noticed. Any member of the Commission, the Secretary of the Commission, or any member of a board may administer oaths and affirmations and any member of the Commission or the Secretary of the Commission (or any member of a board in connection with the performance of any work, business, or functions referred under this section to a board Quorum. upon which he serves) may sign subpenas. A majority of the Commission, of a division, or of a board shall constitute a quorum for the transaction of business. The Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division, individual Commissioner, or board, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before the Commission or any division, individual Com- missioner, or board and be heard in person or by attorney. Every vote and official act of the Commission, or of any division, individual Commissioner, or board, shall be entered of record, and such record Herings. shall be made public upon the request of any party interested. All hearings before the Commission, a division, individual Commissioner, or board shall be public upon the request of any party interested. No Commissioner or employee shall participate in any hearing or proceeding in which he shall have any pecuniary interest. individual Commis- "(4) A division, an individual Commissioner, or a board shall have sioner,orboard. authority to hear and determine, order, certify, report, or otherwise act as to any work, business, or functions assigned or referred thereto under the provisions of this section, and with respect thereto shall have all the jurisdiction and powers conferred by law upon the Com- mission, and be subject to the same duties and obligations. The secretary and seal of the Commission shall be the secretary and seal of each division, individual Commissioner, or board. Except as otherwise provided in this section, any order, decision, or require- ment of a division, an individual Commissioner, or a board, with respect to any matter so assigned or referred, shall have the same force and effect, and may be made and evidenced in the same manner as if made or taken by the Commission. [54 STAT. 914 PUBLIC LAWS--CH. 722-SEPT. 18 , 1940