42 U.S.C. § 6393 — Administrative procedure and judicial review
submitted 51 years ago by Pub. L. 94-163 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 715 words · no verdicts yet
Rules and orders under the listed energy authorities generally follow Administrative Procedure Act procedures, including notice and comment, with emergency exceptions. People may seek interpretations, changes, exceptions, exemptions, and judicial review under specified procedures.
(a)(1) Subject to paragraphs (2)–(4), title 5, chapter 5, subchapter II applies to rules, regulations, or orders with rule-like effect issued under title I (other than section 103), title II, or this title, except provisions amending another law. (2)(A) A substantive, generally applicable proposal must be published in the Federal Register, with at least 30 days for comment before it takes effect. The President may reduce that period to at least 10 days if strict compliance would seriously impair the program and the finding appears in the rule, or waive it during a national-security emergency. (B) State* or local substantive generally applicable rules must, as far as practicable, be published in enough widely circulated newspapers to give the widest practicable notice. (3) As far as practicable, an opportunity to present data, views, and arguments orally must be given before effectiveness, and always within 45 days, or within 10 days when the comment period was entirely waived. A transcript must be made. (4) The issuing officer or agency must make adjustments needed to prevent special hardship, inequity, or unfair burdens and must create procedures to seek interpretation, modification, rescission, exception, or exemption. A person* adversely affected by denial may seek agency review and judicial review when final; the agency must establish appropriate procedures, including a hearing when advisable. (b) Judicial-review procedures in section 211 of the Economic Stabilization Act of 1970 apply as though these proceedings arose under that Act, despite its expiration. (c) After a grant or denial of an exception or exemption, an agency must, on written request, provide within 30 days a written opinion stating the relevant facts and legal basis.
Subject to paragraphs (2), (3), and (4) of this subsection, the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule, regulation, or order having the applicability and effect of a rule as defined in section 551(4) of title 5 issued under title I (other than section 103 1 thereof) and title II of this Act, or this title 1 (other than any provision of such titles which amends another law).
Notice of any proposed rule, regulation, or order described in paragraph (1) which is substantive and of general applicability shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of 30 days following the date of such publication and prior to the effective date of the rule shall be provided for opportunity to comment; except that the 30-day period for opportunity to comment prior to the effective date of the rule may be—
reduced to no less than 10 days if the President finds that strict compliance would seriously impair the operation of the program to which such rule, regulation, or order relates and such findings are set out in such rule, regulation, or order, or
waived entirely, if the President finds that such waiver is necessary to act expeditiously during an emergency affecting the national security of the United States.
Public notice of any rule, regulation, or order which is substantive and of general applicability which is promulgated by officers of a State* or political subdivision thereof or to State or local boards which have been delegated authority pursuant to title I or II of this Act or this title (other than any provision of such title) 2 which amend 3 another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general circulation calculated to receive widest practicable notice.
In addition to the requirements of paragraph (2) and to the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation.
Any officer or agency authorized to issue rules, regulations, or orders described in paragraph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it establish procedures which are available to any person* for the purpose of seeking an interpretation, modification, or rescission of, or an exception to or exemption from, such rules, regulations and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with subsection (b) or other applicable law when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph.
The procedures for judicial review established by section 211 of the Economic Stabilization Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such proceedings took place under such Act. Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970.
Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial.
Source credit: (Pub. L. 94–163, title V, § 523, Dec. 22, 1975, 89 Stat. 962.)
- 1975Enacted · Pub. L. 94-163 · 89 Stat. 962
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-163 on 1975-12-22.
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