§41304 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission must give someone a chance for a hearing before it issues an order about a violation of these rules. The Commission can change, pause, or cancel any of its orders. A party in the case can ask the Commission to rehear all or part of the matter, but asking for a rehearing does not automatically pause the order unless the Commission says so. An order stays in effect for the time the order sets, or until the Commission or a court suspends, changes, or cancels it.

Title 46, §41304

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(a)The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.

(b)The Commission may reverse, suspend, or modify any of its orders.

(c)On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.

(d)An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41304(a)46 App.:1713(a) (1st sentence).Pub. L. 98–237, § 14(a), (b), Mar. 20, 1984, 98 Stat. 83. 41304(b)46 App.:1713(b) (1st sentence 1st–12th words). 41304(c)46 App.:1713(b) (1st sentence 13th–last words, last sentence). 41304(d)46 App.:1713(a) (last sentence). In subsection (a), the words “upon sworn complaint or on its own motion” are omitted as unnecessary.

§41304 Hearings and Orders

Summary

Title 46, §41304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata