46 U.S.C. § 41302 — Investigations
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 257 words · no verdicts yet
The Commission can investigate any suspicious carrier conduct or agreement, disapprove or change agreements that break the rules, must set and can extend a decision deadline, can sanction parties who cause undue delay, and must publish reports from any hearing it holds.
(a) In General: The Federal Maritime Commission, on a complaint or on its own, may investigate any conduct, agreement*, fee, or charge it believes might violate this part. It may disapprove, cancel, or modify by order any agreement that violates this part.
(b) Effectiveness of Agreement, Fee, or Charge During Investigation: Unless an injunction is issued under section 41306 or 41307, an agreement, fee, or charge under investigation stays in effect until the Commission issues its order.
(c) Date for Decision: Within 10 days of starting a proceeding under this section or section 41301, the Commission must set a date for its final decision, which it may extend later for good cause.
(d) Sanctions for Delay: If the Commission can't meet that deadline because a party caused undue delay, it may impose sanctions, including ruling against that party.
(e) Report: For every investigation under this part where a hearing was held, the Commission must write a report stating its conclusions, decisions, findings of fact, and order, give a copy to all parties, and publish it. A published report counts as valid evidence in a U.S. court.
The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct, agreement*, fee, or charge that the Commission believes may be in violation of this part. The Commission may by order disapprove, cancel, or modify any agreement that operates in violation of this part.
Unless an injunction is issued under section 41306 or 41307 of this title, an agreement, fee, or charge under investigation by the Commission remains in effect until the Commission issues its order.
Within 10 days after the initiation of a proceeding under this section or section 41301 of this title, the Commission shall set a date by which it will issue its final decision. The Commission by order may extend the date for good cause.
If, within the period for final decision under subsection (c), the Commission determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the Commission may impose sanctions, including issuing a decision adverse to the delaying party.
The Commission shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The Commission shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, § 11(a), June 16, 2022, 136 Stat. 1278; Pub. L. 118–159, div. C, title XXXV, § 3535(f), Dec. 23, 2024, 138 Stat. 2315.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1545
- 2022Amended · Pub. L. 117-146 · 136 Stat. 1278
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2315
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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