Page:United States Statutes at Large Volume 100 Part 3.djvu/135

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1943

"(B) The procedures referred to in subparagraph (A) of this paragraph are: "(i) Procedures for the inclusion, in any written notice of a hearing under this section to any person alleged to be liable j; under section 3802 of this title, of a description of the proce- Ante, p. 1937. dures for the conduct of the hearing. "(ii) Procedures to permit discovery by any person alleged to Records. ,, be liable under section 3802 of this title only to the extent that I; the presiding officer determines that such discovery is necessary 1, for the expeditious, fair, and reasonable consideration of the V issues, except that such procedures shall not apply to docuf,- ments, transcripts, records, or other material which a person is ,i, .; entitled to review under paragraph (1) of subsection (e) or to ' • information to which a person is entitled under paragraph (2) of •,, such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section. "(4) Each hearing under subsection (f) of this section shall be held— "(A) in the judicial district of the United States in which the "" person alleged to be liable under section 3802 of this title resides or transacts business; "(B) in the judicial district of the United States in which the claim or statement upon which the allegation of liability under -'' such section was made, presented, or submitted; or .:^ ^ "(C) in such other place as may be agreed upon by such person .^.„ \\ and the presiding officer who will conduct such hearing. "(h) The presiding officer shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the presiding officer relied upon in determining whether a person is liable under this chapter. The presiding officer shall promptly send to each party to the hearing a copy of such decision and a statement describing the right of any person determined to be liable under section 3802 of this title to appeal the decision of the presiding officer to the authority head under paragraph (2) of subsection (i). "(i)(l) Except as provided in paragraph (2) of this subsection and section 3805 of this title, the decision, including the findings and Post, p. 1944. determinations, of the presiding officer issued under subsection (h) of this section are final. "(2)(A)(i) Except as provided in clause (ii) of this subparagraph, within 30 days after the presiding officer issues a decision under subsection (h) of this section, any person determined in such decision to be liable under section 3802 of this title may appeal such decision to the authority head. "(ii) If, within the 30-day period described in clause (i) of this subparagraph, a person determined to be liable under this chapter requests the authority head for an extension of such 30-day period to file an appeal of a decision issued by the presiding officer under mxsubsection (h) of this section, the authority head may extend such period if such person demonstrates good cause for such extension. "(B) Any authority head reviewing under this section the decision, findings, and determinations of a presiding officer shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (f) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the oojec-

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