§46104 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can give its duties and powers to a division, a Commissioner, or staff, such as handling hearings, decisions, and orders. This does not change section 556(b) of title 5. The Commission can review those actions on its own or if a party asks, under its rules. A majority minus one vote starts the review. If review is refused or not timely, it is the Commission’s action.

Title 46, §46104

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(a)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.

(b)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.

(c)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.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30446 App.:1111 note.Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 105(a)–(c), 75 Stat. 841.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 304 of this title as this section.

§46104 Delegation of authority

Summary

Title 46, §46104

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Citations & Metadata