Page:United States Statutes at Large Volume 47 Part 1.djvu/1450

 1426 72d CONGRESS. SESS. II. CH. 199. MARCH 3, 1933 . of ca ll to sai d additio nal ports shall be come eff ective im mediately upon notice to the board. Intercoastal com- From and after ninety days following enactment hereof no er mRgulations gov ern - son shall engage in transortation as a cmmon carrier by water in ing. inter coastal c ommerce u nless and until it s schedu les as pr ovided by this section have been duly and properly filed and posted ; nor shall any common carrier by water in intercoastal commerce charge or demand or collect or receive a greater or less or different compensa- tion for the transportation of passengers or property or for any service in connection therewith than the rates, fares, and/or charges which are specified in its schedules filed with the board and duly posted and in effect at the time ; nor shall any such carrier refund or remit in any manner or by any device any portion of the rates, fares, or charges so specified, nor extend or deny to any person any privilege or facility, except in accordance with such schedules. Form and manner of The board shall by regulations prescribe the form and manner publishing sch edu le. in which the sche dules req uired by this sect ion shal l be publ ished, ro R mejecction, if noncon- filed, and posted ; and the board is authorized to reject any schedule filed with it w hich is n ot in con sonance w ith this section a nd with such regulations. Any schedule so rejected by the board shall be void and its use shall be unlawful. Penalty for vio lation. Any violation of any provision of this section by a common car- rier by water in intercoastal commerce shall be punished by a fine of not less than $1,000 nor more than $5,000 for each act of violation and/or for each day such violation continues, to be recovered by the United Stat es in a civil ac tion. Hearings to det er- SEC. 3 . Whenever there shall be filed with the board an schedule mine lawfulness of rate, etc. statin g a new i ndividual or joint rate, fa re, or ch arge, or any new individual or joint classification, or any new individual or joint regu- lation or p ractice affectin g any rate, fare, or charge, the board shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, and if it so orders with- out answer or other formal pleading by the interested carrier or Notice . carriers, but upon reasonable notice, to enter upon a hearing con- cerning the lawfulness of such rate, fare, charge, classification, regu- P ro6so. lation, or p ractice : Provided, however, That there shall be no sus- Tar iff schedule or service not suspended. pension o a tariff schedule or service which extends to additional ports, actual service at rates of said carrier for similar service already in effect at the nearest port of call to said additional port. T empor ary sus pen - Pe nding such h earing and t he dec ision thereon the b oard, upon sion pending hearing, fil ing wi th etc. su ch schedu le and de livering to the ca rrier or carriers affected thereby a statement in writing of its reasons for such sus- pension, may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, Effect i of board's or- regulation, or practice, but not for a longer period than four months ders. beyond the time when it would otherwise go into effect ; and after full hearing whether completed before or after the rate, fare, charge, classification, regulation, or practice goes i nto effect, the board may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceed- ing has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, charge, classifica- tion, regulation, or practice shall go into effect at the end of such period. The board shall give preference to the hearing and deci- ra tteos not to > ~ specific sion of such ques tions and decide t he same as speedi ly as pos sible. Nothing conta ined h erein shall be con strued to emp ower t he boa rd affirmatively to fix specific rates.