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7 U.S.C. § 1291Adjustments in freight rates

submitted 88 years ago by ch. 30 to r/title-7-AGRICULTURE · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Agriculture Secretary complain to the Surface Transportation Board about farm-product transportation and participate in related proceedings. It also allows cooperation with farmer associations.

(a) The Agriculture Secretary may complain to the Surface Transportation Board about rates, charges, tariffs, and practices for transporting farm products and prosecute the complaint. Before hearing or deciding another person’s complaint about those matters, the Board must notify the Secretary and, if the Secretary applies, let the Secretary appear and be heard. (b) If the matter affects the public interest, the Board must make the Secretary a party on request. The Secretary then has party rights before the Board and may start and pursue trial and appellate court proceedings about the Board’s decision. The Secretary is liable only for court costs. (c) The Board may use the Agriculture Department’s cooperation, records, services, and facilities. (d) The Secretary may cooperate with and help farmer cooperatives that complain to the Board.
the actual law source: uscode.house.gov ↗public domain
(a) Complaints by Secretary of Agriculture; notice of hearings

The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.

(b) Secretary as party to proceedings

If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.

(c) Utilization of records, services, etc., of Department of Agriculture

For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.

(d) Cooperation with complaining farm associations

The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

Source credit: (Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, Dec. 29, 1995, 109 Stat. 948.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of Feb. 16, 1938, ch. 30 · 52 Stat. 36
  • 1995Amended · Pub. L. 104-88 · 109 Stat. 948

A history note hasn’t been published yet. The record shows enactment by ch. 30 on 1938-02-16.

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