Page:United States Statutes at Large Volume 65.djvu/138

This page needs to be proofread.

104 Rules and tions.

PUBLIC LAW 63—JUNE 30, 1951




" (b) The Administrator shall have authority to promulgate, issue, amend, or rescind rules and regulations, subject to approval by the Commissioners of the District of Columbia, and to issue such orders as may be deemed necessary or proper to carry out the purposes and provisions of this Act or to prevent the circumvention or evasion thereof. uPROCEDURE

Action on petitions.


Action by examiner.

Review of proceed ings, etc.

"SEC. 8. (a) Any petition filed by a landlord or tenant under section 4 shall be promptly referred to an examiner designated by the Administrator. Notice of such action, in such manner as the Administrator shall by regulation prescribe, shall be given the tenant and landlord of the housing accommodations involved. If the petition be frivolous or without merit, the examiner shall forthwith dismiss it. Such order of dismissal may be reviewed by the Administrator in the manner provided in subsection (c) of this section. The examiner shall grant a hearing upon the petition except in cases dismissed under this subsection. "(b) Hearings under this section shall be conducted in accordance with regulations prescribed by the Administrator. The landlord and tenant shall be given an opportunity to be heard or to file written statements, due regard to be given the utility and relevance of the information offered and the need for expedition. I n any such hearing the common-law rules of evidence shall not be controlling. "(c) The examiner, after hearing, shall make findings of fact and recommend an appropriate order. Copies of such findings and order shall be served upon the parties to the proceeding in such manner as the Administrator may prescribe by regulation. Within ten days after such service, any such party may request that the recommended order be reviewed by the Administrator. If there be no such request within such ten days, the findings and recommended order of the examiner shall thereupon be deemed to be the findings and order of the Administrator: Provided, That the Administrator may review the proceedings, as herein provided, on his own motion at any time within twenty 'days after service of the examiner's findings and order upon the parties. The Administrator may, in his discretion, grant a hearing upon the request. Upon such request or motion, the record in the case shall be forthwith transferred to the Administrator for review and he may, in his discretion, grant a hearing. He shall state his findings of fact or affirm the examiner's findings of fact, which findings in either case shall be conclusive if supported by substantial evidence, and shall make an appropriate order. "COURT REVIEW

Petition for court review.

Jurisdiction of court.

"SEC. 9. (a) Within ten days after issuance of an order of the Administrator under section 4, any party may file a petition to review such action in the Municipal Court of Appeals for the District of Columbia and shall forthwith serve a copy of such petition upon the Administrator. Thereupon, the Administrator shall certify and file with the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, the court shall have exclusive jurisdiction to affirm or set aside such order, or remand the proceeding: Provided, That the Administrator may at any time, upon reasonable notice and in such manner as he shall deem proper, rescind, modify, or set aside, in whole or in part, any such order of the Administrator at any time notwithstanding the pendency of the petition to review. "(b) No objection that has not been urged before the Administrator shall be considered by the court unless the failure to urge such objection