PUBLIC LAWS-CHS. 807, 808-JULY 2,1948 Commission shall, upon recommendation by the head of the depart- ment or agency involved, determine whether such officer or employee is entitled to retirement under this subsection. In making such deter- mination, the Commission shall give full consideration to the degree of hazard to which such officer or employee is subjected in the perform- ance of his duties, rather than the general duties of the class of the position held by such officer or employee." Approved July 2, 1948. [CHAPTER 808] AN ACT [S. 1260] To create a commission to hear and determine the claims of certain motor carriers. [Public Law 880] Be it enacted by the Senate and House of Representatives of the Motor Carrier United States of America in Congress assembled, That there is hereby laims ommission created and established a Motor Carrier Claims Commission, hereafter referred to as the Commission. Purpose. SEC. 2 . The Commission shall hear and determine, according to law, existing claims against the United States arising out of the taking by the United States of possession or control of any of the motor-carrier transportation systems described in Executive Order Numbered 9462, 3 CFR,19449npp., dated August 11, 1944 (C. F . R ., 1944 Supp., p. 70). The settlement P of any claim prior to the enactment of this Act shall not prevent the Commission from hearing and determining such claim if it determines that the principles of equity as administered by the courts require that such settlement be set aside and that such claim be heard and deter- mined. Composition. SEO. 3 . The Commission shall consist of a Chairman and two other members, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall each receive a salary of $15,000 per year. At least two of such members shall be learned in the law. Each member shall take an oath to support the Constitution of the United States and to discharge faithfully the duties of his office. The members shall hold office until the dissolution of the Commission Vacancies. as hereinafter provided. Vacancies shall be filled in the same manner Quorum. as the original appointments. Two members shall constitute a quorum, and the agreement of two members shall be necessary to any and all determinations for the transaction of the business of the Commission, and if there be a quorum, no vacancy shall impair or affect the business of the Commission, or its determinations. Employees SEC. 4 . The Commission shall appoint a clerk and such other employees as shall be requisite to conduct the business of the Com- mission. All such employees shall take oath for the faithful discharge of their duties and shall be under the direction of the Commission in the performance thereof. Meetings. SEC. 5. The Commission shall meet at such times and places as it may prescribe, shall keep a full written record of all its hearings and proceedings which shall be open to public inspection, and shall have power to establish its rules of procedure. Period for receiving SEC. 6 . The Commission shall receive claims for a period of six poat p. 129o. months after the date of enactment of this Act, and not thereafter. The jurisdiction of the Commission over claims presented to it as Supsa. provided in section 2 of this Act shall be exclusive; but nothing in this Act shall prevent any person who does not elect to present his claim to the Commission from pursuing any other remedy available to him. The Attorney General or his assistants shall represent the United States in all claims presented to the Commission. Administration of SEC. 7 . Any member of the Commission or any employee of the Commission, designated in writing for the purpose by the Chairman, may administer oaths and examine witnesses. Any member of the 1222 [62 STAT.
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