Page:United States Statutes at Large Volume 49 Part 1.djvu/593

 548 Admin istration. Hearings ; ref erence to Commission member or e xam iner . Jurisdiction of mem- ber, etc. Or der of require- ments. Copies; service of. Post, p.550. Objections; time for filing. Consideration of. Final dec ision. Joint boards . Proceedings referred to . Provisos. Determination wh en re fere nce prev ente d. Investigations and suspension proceedings. Joint board; com- position of. Designation of ex- aminers to assist. Jurisdiction of . 74T H CONG RESS. SESS. I. CH. 498. AUGUST 9, 1935. "ADMINISTRATION "SEC. 205. (a) Excepting a matter which is referred to a joint board as hereinafter provided, any matter arising in the adminis- tration of this part requiring a hearing shall be heard and decided by the Commission, or shall, by order of the Commission : be referred to a member or examiner of the Commission for hearing and the recommendation of an appropriate order thereon. With respect to such matter the member or examiner shall have all the rights, duties, powers, and jurisdiction conferred by this part upon the Commission, except that the order recommended by such member or examiner shall be subject to the following provisions of this paragraph. Any order recommended by the member or examiner with respect to such matter shall be in writing and be accompanied by the reasons therefor, and shall be filed with the Commission. Copies of such recommended order shall be served upon the persons specified in paragraph (f), who may file exceptions thereto, but if no exceptions are filed within 20 days after service upon such persons, or within such further period as the Commission may authorize, such recommended order shall become the order of the Commission and become effective, unless within such period the order is stayed or postponed by the Commission. Where exceptions are filed as herein provided it sh all be the duty of the Commission to consider the same and, if sufficient reason appears therefor, the Commission shall grant such review or make such orders or hold or authorize such further hearings or proceedings in the premises as may be necessary or proper to carry out the purposes of this part, or the Commission may, on its own motion, review any such matter and take action thereon as if exceptions thereto had been filed. The Commission, after review upon the same record or as supplemented by a further hearing, shall decide the matter and make appropriate order thereon. "(b) The Commission shall, when operations of motor carriers or brokers conducted or proposed to be conducted involve not more th an th ree S tates, and the Commi ssion may, in i ts di scret ion, when operations of motor carriers or brokers conducted or proposed to be conducted involve more than three States, refer to a joint board for appropriate proceedings thereon, any of the following matters arising in the administration of this part with respect to such operations : Applications for certificates, permits, or licenses ; the suspension, change, or revocation of such certificates, permits, or licenses ; applications for the approval and authorization of con- solidations, mergers , and acquisitions of control or operating con- t r a c t s ; complaints as to violations by m otor carriers or brokers of the requirements established under section 204 (a) ; and complaints as to rates, fares, and charges of motor carriers or the practices of brokers : Provided, however, That if the Commission is prevented by legal proceedings from referring a matter to a joint board, it may determine such matter as provided in paragraph (a) of this section. The Commission, in its discretion, may also refer to a joint board any investigation and suspension proceeding or other matter not specifically mentioned above which may arise under this part. The joint board to which any such matter is referred shall be co mposed so lely of one membe r from ea ch State within w hich the motor-carrier or brokerage operations involved in such matter are or are proposed to be conducted : Provided, That the Com- missi on may de signate an examin er or exa miners t o advise with and assist the joint board under such rules and regulations as it may prescribe. In acting upon matters so referred joint boards shall be vested with the same rights, duties, powers, and jurisdic-