Page:United States Statutes at Large Volume 52.djvu/1142

 52 STAT.] 75TH CONG., 3D SESS.-CH. 680 -JUNE 25, 1938 be served upon the Board or any officer designated by it for such pur- pose. Service may be made upon the Board by registered mail addressed to the Chairman. Within fifteen days after receipt of service, or within such additional time as the court may allow, the Board shall certify and file with the court in which such petition has been filed a transcript of the record upon which the findings and decision complained of are based. Upon such filing the court shall have exclusive jurisdiction of the proceeding and of the question determined therein, and shall give precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence. It shall have power to enter upon the pleadings and transcript of the record a decree affirming, modifying, or reversing the decision of the Board, with or without remanding the cause for rehearing. The findings of the Board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive. No addi- tional evidence shall be received by the court, but the court may order additional evidence to be taken before the Board, and the Board may, after hearing such additional evidence, modify its findings of fact and conclusions and file such additional or modified findings and conclusions with the court, and the Board shall file with the court a transcript of the additional record. The judgment and decree of the court shall be final, subject to review as in equity cases. An applicant for review of a final decision of the Board concerning a claim for benefits shall not be liable for costs, including costs of service, or costs of printing records, except that costs may be assessed by the court against such applicant if the court determines that the proceedings for such review have been instituted or continued without reasonable ground. (g) Findings of fact and conclusions of law of the Board in the determination of any claim for benefits or refund and the determina- tion of the Board that the unexpended funds in the account are avail- able for the payment of any claim for benefits or refund under this Act, shall be, except as provided in subsection (f) of this section, binding and conclusive for all purposes and upon all persons, includ- ing the Comptroller General and any other administrative or account- ing officer, employee, or agent of the United States, and shall not be subject to review in any manner other than that set forth in subsection (f) of this section. (h) Except as may be otherwise prescribed by regulations of the Board, benefits payable with respect to any period prior to the date of a final decision of the Board with respect to a claim therefor, shall be paid only after such final decision. (i) No claimant claiming benefits shall be charged fees of any kind by the Board, its employees or representatives, with respect to such claim. Any such claimant may be represented by counsel or other duly authorized agent, in any proceeding before the Board or its representatives or a court, but no such counsel or agent shall either charge or receive for such services more than an amount approved by the Board or by the court before whom the proceedings of the Board are reviewed. Any person who violates any provision of this subsection shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year. CONCLUSIVENESS OF RETURNS OF COMPENSATION AND OF FAILURE TO MAE RETURNS OF COMPENSATION SEC. 6. Employers shall file with the Board, in such manner and form and at such times as the Board by regulations may prescribe, returns under oath of monthly compensation of employees, and, if 1101 Claimant not liable for costs; exception. Findings of fact and conclusions of law of Board, etc., conclu- sive; exception. Benefits payable be- fore Board's final de- cision. Restriction on charging of fees by Board. Representation by counsel; limitation on fees. Penalty for viola- tion. Conclusiveness of returns of compensa- tion and of failure to make returns of com- pensation.

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