Page:United States Statutes at Large Volume 54 Part 1.djvu/949

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18, 1940 "(5) Any finding, report, or requirement of an individual Commis- sioner or board, with respect to any matter so assigned or referred involving the taking of testimony at a public hearing, shall be accom- panied by a statement in writing of the reasons therefor, together with a recommended order, which shall be filed with the Commission. Copies thereof shall be served upon interested parties (including, in proceedings under part II, persons specified in section 205 (e)), who may file exceptions thereto, but if within twenty days after service upon such persons, or within such further period as the Commission or a duly designated division thereof may authorize, no exceptions shall have been filed, such recommended order shall become the order of the Commission and become effective unless within such period the order shall have been stayed or postponed by the Commission or by a duly designated division thereof. The Commission, or a duly designated division thereof, upon its own motion may, and where exceptions are filed it shall, reconsider the matter either upon the same record or after further hearing, and such recommended order shall thereupon be stayed or postponed pending final determination thereof. "(6) After a decision, order, or requirement shall have been made by the Commission, a division, an individual Commissicner, or a board, or after an order recommended by an individual Commissioner or a board shall have become the order of the Commission as provided in para- graph (5), any party thereto may at any time, subject to such limita- tions as may be established by the Commission as hereinafter author- ized, make application for rehearing, reargument, or reconsideration of the same, or of any matter determined therein. Such applications shall be governed by such general rules as the Commission may establish. Any such application, if the decision, order, or requirement was made by the Commission, shall be considered and acted upon by the Commis- sion. If the decision, order, or requirement was made by a division, an individual Commissioner, or a board, such application shall be con- sidered and acted upon by the Commission or referred to an appropriate appellate division for consideration and action. Rehearing, reargu- ment, or reconsideration may be granted if sufficient reason therefor be made to appear; but the Commission may, from time to time, make or amend general rules or orders establishing limitations upon the right to apply for rehearing, reargument, or reconsideration of a decision, order, or requirement of the Commission or of a division so as to confine such right to proceedings, or classes of proceedings, involving issues of general transportation importance. Notwithstanding the foregoing provisions of this paragraph, any application for rehearing, reargu- ment, or reconsideration of a matter assigned or referred to an individual Commissioner or a board, under the provisions of para- graph (2), if such application shall have been filed within twenty days after the recommended order in the proceeding shall have become the order of the Commission as provided in paragraph (5), and if such matter shall not have been reconsidered or reheard as provided in such paragraph, shall be referred to an appropriate appellate division of the Commission and such division shall reconsider the matter either upon the same record or after a further hearing. "(7) If after rehearing, reargument, or reconsideration of a deci- sion, order, or requirement of a division, an individual Commissioner, or board it shall appear that the original decision, order, or require- ment is in any respect unjust or unwarranted, the Commission or appellate division may reverse, change, or modify the same accord- ingly. Any decision, order, or requirement made after rehearing, reargument, or reconsideration, reversing, changing, or modifying the original determination shall be subject to the same provisions with respect to rehearing, reargument, or reconsideration as an original order. 915 Taking of testi- mony. Service of order. Post, pp. 919, 922. When order effec- tive. Reconsideration whereexceptionsfiled. Application for re- hearing. Rules. Appeal. Reversalofdecision.