46 U.S.C. § 46104 — Delegation of authority
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 182 words · no verdicts yet
The Federal Maritime Commission can delegate its duties — including hearing and deciding cases — to a division, individual Commissioner, board, or staff member, by published order or rule. The full Commission can review any action taken under such a delegation, on its own initiative or a party's request, within a set time. If no one seeks review in time, the delegated action is treated as if the full Commission made it.
(a) Delegation. By published order or regulation, the Commission may delegate any of its duties or powers — including hearing, deciding, ordering, certifying, or reporting on a matter — to a division, an individual Commissioner, an employee board, or a Commission officer or employee. This does not change the separate federal rule on who may preside over formal hearings.
(b) Review. The Commission may review any action taken under such a delegation, either on its own initiative or because a party or intervenor asks, within whatever time and manner the Commission sets. Bringing an action up for review takes a vote of a majority of the Commission minus one member.
(c) Deemed Commission action. If the Commission declines to review a delegated action, or no one asks for review in time, that action is treated as if the full Commission had made it.
The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5.
The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission’s own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review.
If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission.
Source credit: (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 304; renumbered § 46104, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1489
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4765
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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