Page:United States Statutes at Large Volume 119.djvu/1774

 119 STAT. 1756

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(A) shall review the initiation of a civil action under this section by a State if— ‘‘(i) the carrier or broker that is the subject of the action is not registered with the Department of Transportation; ‘‘(ii) the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department; ‘‘(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or ‘‘(iv) the carrier or broker has been licensed with the Department for less than 5 years; and ‘‘(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section. ‘‘(3) CONGRESSIONAL NOTIFICATION.—The Secretary shall notify the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of any criteria developed by the Secretary under paragraph (2)(B). ‘‘(4) 60-DAY DEADLINE.—The Secretary or the Board shall be considered to have consented to any civil action of a State under this section if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph (1). ‘‘(c) AUTHORITY TO INTERVENE.—Upon receiving the notice required by subsection (b), the Secretary or board may intervene in a civil action of a State under this section and upon intervening— ‘‘(1) be heard on all matters arising in such civil action; and ‘‘(2) file petitions for appeal of a decision in such civil actions. ‘‘(d) CONSTRUCTION.—For purposes of bringing any civil action under subsection (a), nothing in this section shall— ‘‘(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or ‘‘(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action brought under subsection (a)— ‘‘(1) the venue shall be a Federal judicial district in which— ‘‘(A) the carrier, foreign motor carrier, or broker operates; ‘‘(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or ‘‘(C) where the defendant in the civil action is found; ‘‘(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

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