Page:United States Statutes at Large Volume 49 Part 1.djvu/1025

 980 74 TH CONGRESS. SESS. I. CH. 814 . AUGUST 29, 1 935. reve nue or customs officer authori zed by the Adm inistrator for the purpose, or (2) by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Administrator. (g) A basic permit shall continue in effect until suspended, revoked, or annulled as provided herein, or voluntarily surrendered When voluntarily except that (1) if leased, sold or otherwise voluntarily transferred, transferred. Whe n transfe rred by the permit shal l be automatica lly terminated thereupon, and (2) if operation of law, etc. transferred by operation of law or if actual or legal control of the permitt ee is acquir ed, di rectly or ind irectl y, whe ther by stock -owner - ship or in any other manner, b y any person, t hen such permi t shall be automatically terminated at the expiration of thirty days there- Proviso. a ft er : Pr o v id e d, That if within such thirty-day period applica tion Application for new permi t, for a new basic permit is made by the transferee or permittee, respectively, then the outstanding basic permit shall continue in effect until such a pplica tion is final ly act ed on by the Admini strato r. Appeal from order den yin g application. (h) An appeal may be taken by the permittee or applicant for a permit from any order of the Administrator denying an application for, or suspend ing, revoking, or annulling, a basic permit. Such appeal shall be taken by filing, in the circuit court of appeals of the United States within any circuit wherein such person resides or has his princip al place of bus iness, or in th e United State s Court of Appeals for the District of Columbia, within sixty days after the entry of su ch order, a wri tten petition p raying that th e order of the Administ rator be modifi ed or set aside in whole or i n part. A copy of such petition shall be forthwith served upon the Admin- istrator, or upon any officer designated by him for that purpose, and of thereupon the Administrator shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court sh all have exclusive jurisdiction to affirm, modify, or set aside such order, in Consideration of ob- whole or in part. No objection to the order of the Administrator jections. shall be co nsidere d by t he cou rt unl ess suc h obje ction shall have b een urged before the Administrator or unless there were reasonable Findings of fact, grounds for failure so to do. The finding of the Administrator as to the facts, if supported by substantial evidence, shall be conclusive. diLeavi eo adduce ad. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence to be taken before the Administrator and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Administrator may modify his find- in gs as to the facts by rea son of the a ddition al evi dence so tak en, and he shall file with the court such modified or new findings, which, if su pporte d by su bstant ial ev idence, shal l be co nclusi ve, an d his recom- mendation, if any, for the modification or setting aside of the original orde r. The judg ment and dec ree of t he c ourt aff irmi ng, modi fyin g, or setting aside, in whole or in part, any such order of the Admin- istr ator shall be f inal, subject t o review by th e Supreme Court of th e Un ited Sta tes upon cer tior ari or c erti fica tion as prov ided in sections 239 and 240 of the Judicial Code, as amended (U . S . C ., title 28, sees . 346 and 347). The commencement of proceedings' under this subsection shall, unless specifically ordered by the court to the contrary, operate as a stay of the Administrator's order. (i) No proceeding for the suspension or revocation of a basic permit for violation of any condition thereof relating to com- pliance with Federal law shall be instituted by the Administrator Duration of permit. Petition to be filed. Time for filing. Service of copy. Fil ing tr ans cri pt re cord. Jurisdiction of court. Modification of find- ings of fact. New findings; filing. Finality of judgment or decree. Review. Vol.43,p.08; U. S. 0., p. 1271. Commencement of proceedings to stay orde r of Ad min ist ra- tor. Limitation on power of Administrator to re- voke or sus pen d p er- mit.