Page:United States Statutes at Large Volume 120.djvu/1577

 120 STAT. 1546

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(b) WITNESS FEES.—Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States. ‘‘§ 41304. Hearings and orders ‘‘(a) OPPORTUNITY FOR HEARING.—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) MODIFICATION OF ORDER.—The Commission may reverse, suspend, or modify any of its orders. ‘‘(c) REHEARING.—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) PERIOD OF EFFECTIVENESS.—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. ‘‘§ 41305. Award of reparations ‘‘(a) DEFINITION.—In this section, the term ‘actual injury’ includes the loss of interest at commercial rates compounded from the date of injury. ‘‘(b) BASIC AMOUNT.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part, plus reasonable attorney fees. ‘‘(c) ADDITIONAL AMOUNTS.—On a showing that the injury was caused by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) or (3) of this title, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury. ‘‘(d) DIFFERENCE BETWEEN RATES.—If the injury was caused by an activity prohibited by section 41104(4)(A) or (B) of this title, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper. ‘‘§ 41306. Injunctive relief sought by complainants ‘‘(a) IN GENERAL.—After filing a complaint with the Federal Maritime Commission under section 41301 of this title, the complainant may bring a civil action in a district court of the United States to enjoin conduct in violation of this part. ‘‘(b) VENUE.—The action must be brought in the judicial district in which— ‘‘(1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or ‘‘(2) the defendant resides or transacts business, if the Commission has not brought such an action. ‘‘(c) REMEDIES BY COURT.—After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the complaint.

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