Page:United States Statutes at Large Volume 90 Part 1.djvu/98

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 48


SEC. 302. Section 15(2) of the Interstate Commerce Act (49 U.S.C. 15(2)), is amended by striking out ", not less than thirty days, and shall", and inserting in lieu thereof "as the Commission may prescribe. Such orders shall". COMMISSION HEARING AND APPELLATE PROCEDURE



SEC. 303. (a) Section 17 of the Interstate Commerce Act (49 U.S.C. 17) is amended by redesignating paragraphs (9) through (12) thereof as paragraphs (10) through (13) thereof, respectively, and by inserting therein the following new paragraph (9): "(9)(a) Whenever the term 'hearing' is used in this part, such term shall be construed to include an opportunity for the suomission of all evidence in written form, followed by an opportunity for briefs, written statements, or conferences of the parties, such conferences to be chaired by a division, an individual Commissioner, an administrative law judge, an employee board, or any other designated employee of the Commission. "(b) With respect to any matter involving a common carrier by railroad subject to this part, whenever the Commission assigns the initial disposition to any of such matter before the Commission to an administrative law judge, individual Commissioner, employee board, or division or panel of the Commission, such judge, Commissioner, board, division, or panel shall— "(i) complete all evidentiary proceedings with respect to such matter within 180 days after its assignment; and ' "(ii) with respect to any matter so assigned which involves written submissions or the taking of testimony at a public hearing, submit in writing to the Commission, within 120 days after the completion of all evidentiary proceedings, an initial decision, report, or order containing— " (A) specific findings of fact; "(B) specific and separate conclusions of law; " (C) a recommended order; and "(D) any justification in support of such findings of fact, conclusions of law, and order. The Commission, or a duly designated division thereof, may, in its discretion, void any requirement for an initial decision, report, or order, and, in appropriate cases, may direct that any matter shall be considered forthwith by the Commission or such division, if it concludes that the matter involves a question of agency policy, a new or novel issue of law, or an issue of general transportation importance, or if the due and timely execution of its functions so requires. Whenever an initial decision, report, or order is submitted, copies thereof shall be served upon interested parties. Any such party may file an appeal with the Commission, with respect to such initial decision or report. If no such appeal is filed within 20 days after such service, or within such further period (not to exceed 20 days) as the Commission, or a duly designated division thereof, may authorize, the order set forth in such initial decision or report shall become the order of the Commission and shall become effective u,nless, within such period, the order shall have been stayed or postponed by the Commission pursuant to subdivision (d) or (e). " (c) The Commission, or a duly designated division thereof, may, upon its own initiative, and shall, in any case in which an appeal is filed under subdivision (b), review the matter upon the same record or