Page:United States Statutes at Large Volume 58 Part 1.djvu/658

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PUBLIC LAWS-CH. 325-JUNE 30, 1944 56 stat. 30. 60 U. . C., Snpp. III, app. § 922. Ante, p. 637. Right of subpenaed person. (b) Section 202 of the Emergency Price Control Act of 1942, as amended, is amended by adding at the end thereof the following new subsection: "(i) Any person subpenaed under this section shall have the right to make a record of his testimony and to be represented by counsel." AMENDMENT OF SECTION 203 OF THE EMERGENCY PRICE CONTROL ACT OF 1942 6Stat. 31. SEC. 106. Section 203 of the Emergency Price Control Act of 1942, 50 U. S. C., Supp. III, app. §s9. as amended, is amended to read as follows: " PROCEDURE Piling of protest. Ante, p. 632 . 66 Stat. 35 . 60 U. S. C., Supp. III, app. 926. Supporting state- ments. Action of Adminis- trator. Notice of denial to protestant. Facts given official notice. 56 Stat. 30. 50 U. S. C., Supp. IIlI app. § 22. Ante, p. 37; spra. Limitation of pro- ceedings. Consideration by board of review. Hearings and ses- sions. Rebuttal evidence. "SEC. 203. (a) At any time after the issuance of any regulation or order under section 2, or in the case of a price schedule, at any time after the effective date thereof specified in section 206, any person subject to any provision of such regulation, order, or price schedule may, in accordance with regulations to be prescribed by the Adminis- ·trator, file a protest specifically setting forth objections to any such provision and affidavits or other written evidence in support of such objections. Statements in support of any such regulation, order, or price schedule may be received and incorporated in the transcript of the proceedings at such times and in accordance with such regulations as may be prescribed by the Administrator. Within a reasonable time after the filing of any protest under this subsection, but in no event more than thirty days after such filing, the Administrator shall either grant or deny such protest in whole or in part, notice such pro- test for hearing, or provide an opportunity to present further evidence in connection therewith. In the event that the Administrator denies any such protest in whole or in part, he shall inform the protestant of the grounds upon which such decision is based, and of any economic data and other facts of which the Administrator has taken official notice. "(b) In the administration of this Act the Administrator may take official notice of economic data and other facts, including facts found by him as a result of action taken under section 202. "(c) Any proceedings under this section may be limited by the Administrator to the filing of affidavits, or other written evidence, and the filing of briefs: Provided, however, That, upon the request of the protestant, any protest filed in accordance with subsection (a) of this section after September 1, 1944, shall, before denial in whole or in part, be considered by a board of review consisting of one or more officers or employees of the Office of Price Administration designated by the Administrator in accordance with regulations to be promulgated by him. Such regulations shall provide that the board of review may conduct hearings and hold sessions in the District of Columbia or any other place, as a board, or by sub- committees thereof, and shall provide that, upon the request of the protestants and upon a showing that material facts would be adduced thereby, subpenas shall issue to procure the evidence of persons, or the production of documents, or both. The Administrator shall cause to be presented to the board such evidence, including economic data, in the form of affidavits or otherwise, as he deems appropriate in support of the provision against which the protest is filed. The protestant shall be accorded an opportunity to present rebuttal evi- dence in writing and oral argument before the board and the board shall make written recommendations to the Price Administrator. [58 STAT. 638