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46 U.S.C. § 41304 — Hearings and orders

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 130 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Maritime Commission must offer a hearing before it issues an order about a violation. The Commission can reverse, suspend, or change its own orders. A party can ask for a rehearing, and an order stays in effect until the Commission or a court changes it.

(a) Opportunity for a hearing. The Federal Maritime Commission must give a person a chance for a hearing before it issues an order about a violation of this part or a related regulation. (b) Changing an order. The Commission may reverse, suspend, or modify any of its own orders. (c) Rehearing. A party to a proceeding can ask the Commission for a rehearing of any matter decided in that proceeding. Asking for a rehearing does not pause ("stay") the order, unless the Commission says so. (d) How long an order lasts. A Commission order stays in effect for the time stated in the order. It stays in effect until the Commission, or a court with authority, suspends, changes, or cancels it.
the actual law source: uscode.house.gov ↗public domain
(a)Opportunity for Hearing.—

The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.

(b)Modification of Order.—

The Commission may reverse, suspend, or modify any of its orders.

(c)Rehearing.—

On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.

(d)Period of Effectiveness.—

An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.

Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1546

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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