Page:United States Statutes at Large Volume 50 Part 1.djvu/108

 75TH CONGRESS, 1ST SESSION-CH. 127-APRIL 26, 1937 shall make such order or orders in the premises, from time to time, as the facts and the circumstances warrant. Any such order shall be subject to review as are other orders of the Commission. (k) In the investigation of any complaint or violation of the code, or of any rule or regulation the observance of which is required under the terms thereof the Commission shall have power by order to require such reports i trom, and shall be given access to inspect the books and records of, code members to the extent deemed necessary for the purpose of determining the complaint. Any such order shall be subject to review as are other orders of the Commission. (1) The provisions of this section shall not apply to coal consumed by the producer or to coal transported by the producer to himself for consumption by him. SEC. 4-A. Whenever the Commission upon investigation instituted upon its own motion or upon petition of any code member, district board, State or political subdivision thereof, or the consumers' counsel, after hearing finds that transactions in coal in intrastate commerce by any person or in any locality cause any undue or un- reasonable advantage, preference, or prejudice as between persons and local ities in suc h comm erce o n the one ha nd and inter state com- merce in coal on the other hand, or any undue, unreasonable, or unjust discrimination against interstate commerce in coal, or in any manner directly affect interstate commerce in coal, the Commission shall by order so declare and thereafter coal sold, delivered or offered for sale in such intrastate commerce shall be subject to the provisions of section 4. Any producer believing that any commerce in coal is not subject to the provisions of section 4 or to the provisions of the first para- graph of this section may file with the Commission an application, ve rifie d by oath or af firma tion for e xempt ion, setti ng fo rth t he facts upon which such claim is based. The filing of such applica- tion in good faith shall exempt the applicant, beginning with the thi rd day follo wing t he fil ing of the a pplica tion, from a ny obl iga- tion, duty, or liability imposed by section 4 with respect to the com- merce covered by the application until such time as the Commission shall act upon the application. If the Commission has reason to believe that such exemption during the period prior to action upon the application is likely to permit evasion of the Act with respect to commerce in coal properly subject, to the provisions of section 4 or of the first paragraph of this section, it may suspend the exemption for a period not to exceed ten days. Within a reasonable time after the receipt of any application for exemption the Com- mission shall enter an order granting, or, after notice and oppor- tunity for hearing, denying or otherwise disposing of such appli- cation. As a condition to the entry of and as a part of any order granting such application, the Commission may require the appli- cant to apply periodically for renewals of such order and to file such periodic reports as the Commission may find necessary or appropriate to enable it to determine whether the conditions sup- porting the exemption continue to exist. Any applicant aggrieved by an order denying or otherwise disposing of an application for exemption by the Commission may obtain a review of such order in the manner provided in subsection (b) of section 6. ORGANI ZATION O F THE C ODE SE C. 5 (a) Upon the appointment of the Commission it shall at once promulgate said code and assist in the organization of the dis trict boards as pr ovided for i n sect ion 4, and s hall p repare and Review of orders. Reports, etc ., re- quired. Review of orders. Coal consumed by producer. T ransac tions i n intrastate commerce aff ect ing interstate comme rce, s ubject to code. Exemptions. Application. 83 Suspension of ex. emption if likely to permit evasion of Act. Ruling subject to review. Organization of the cod e. C ommissi on to pro- mulgate c ode and assist in organizing district boards.