Page:United States Statutes at Large Volume 94 Part 1.djvu/866

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 816

PUBLIC LAW 96-296—JULY 1, 1980 Commission issued under this section, shall be fined not more than $5,000.". (2) The analysis for subchapter 11 of chapter 105 of title 49, United States Code, is amended by adding at the end thereof the following: "10529. Limited authority over cooperative associations.".

Repeal.

(c) Subsection (c) of section 11144 of title 49, United States Code, is hereby repealed. PROCEDURAL REFORM

49 USC 10501. 49 USC 10525, 10708, ante, pp. 796,814, posf, pp. 819, 818. Oral hearing; decisions. 49 USC 10305. 49 USC 10341.

49 USC 10921. Publication in Federal Register. Waiver.

SEC. 25. (a) Section 10322 of title 49, United States Code, is amended to read as follows:

    • § 10322. Commission action and appellate procedure in non-rail

proceedings "(a) This section applies to a matter before the Interstate Commerce Commission over which the Commission has jurisdiction under chapter 105 of this title, other than a matter involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of such chapter. The deadlines set forth in this section do not apply to the following sections of this subtitle: 10525(c), 10708(b), 10922(h)(2), 10928, 11345a, and 11701(c). "(b)(1) Except as provided in paragraph (2) of this subsection, a division, individual commissioner, employee board, or an employee delegated under section 10305 of this title to make an initial decision in a matter related to a carrier (other than a rail carrier), or, in the case of a matter referred to a joint board under section 10341 of this title, such joint board— "(A) shall, in any case in which an oral hearing is held or the Commission has found that an issue of general transportation importance is involved, complete all evidentiary proceedings related to the matter not later than the 180th day following institution of the proceeding and shall issue in writing the initial decision not later than the 270th day following institution of the proceeding; and "(B) shall, in the case of all other proceedings subject to this section, issue in writing the initial decision by the 180th day following institution of the proceeding. If evidence is submitted in writing or testimony is taken at an oral hearing, the initial decision shall include specific findings of fact, specific and separate conclusions of law, an order, and justification for the findings of fact, conclusions of law, and order. "(2) In any case involving an application for authority to provide motor carrier transportation incidental to trailer-on-flatcar or container-on-flatcar service by rciil under subchapter II of chapter 109 of this subtitle, a final decision on such application shall be issued in writing not later than the 180th day following the date such application isfiledwith the Commission. "(3) At the earliest practicable time after the filing of an application for authority under subchapter II of chapter 109 of this title, the Commission shall publish in the Federal Register notice of the filing of such application. "(c) The Commission, or a division designated by the Commission, may waive the requirement for an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or such division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance or that wsdver of the initial