Page:United States Statutes at Large Volume 55 Part 1.djvu/818

 793 55 STAT.] 77TH CONG., 1 ST SESS.-CH. 553-DEC. 2, 1941 information offered and the need for expedition. In any such hear- ing the common-law rules of evidence shall not be controlling. (c) The examiner, after hearing, shall make findings of fact and xam"iner's fndings recommend an appropriate order. Copies of such findings and order chall be served upon the parties to the proceeding in such manner as the Administrator may prescribe by regulation. Within five days after such service, any such party may request that the recommended order be reviewed by the Administrator. If there be no such request within such five days, the findings and recommended order of the examiner shall thereupon be deemed to be the findings and order of the Administrator: Provided,That the Administrator may review the Pro rso. Review of proceed- proceedings, as herein provided, on his own motion at any time within ings. ten days after service of the examiner's findings and order upon the parties. The Administrator may, in his discretion, grant a hearing upon the request. Upon such request or motion, the record in the case shall be forthwith transferred to the Administrator for review and he may, in his discretion, grant a hearing. He shall state his findings of fact or affirm the examiner's findings of fact which find- ings in either case shall be conclusive if supported by substantial evidence, and shall make an appropriate order. SEc. 9. COURT REVIEW. - (a) Within ten days after issuance of an order of the Administrator under section 4, any party may file a peti- tion to review such action in the municipal court of the District of Columbia, and shall forthwith serve a copy of such petition upon the Administrator. Thereupon, the Administrator shall certify and file with the court a transcript of the record upon which the order com- plained of was entered. Upon the filing of such transcript, the court shall have exclusive jurisdiction to affirm or set aside such order, or remand the proceeding: Provided, That the Administrator may at any Proviso. time, upon reasonable notice and in such manner as he shall deem proper, rescind, modify, or set aside, in whole or in part, any such order at any time notwithstanding the pendency of the petition to review. (b) No objection that has not been urged before the Administrator Lmitatios. shall be considered by the court, unless the failure to urge such objec- tion shall be excused because of extraordinary circumstances. No order shall be set aside or remanded unless the petitioner shall establish to the satisfaction of the court that the order is not in accordance with law, or is not supported by substantial evidence. The commencement of proceedings under this section shall not, except as provided in subsection (d), operate as a stay of the Administrator's order. (c) The municipal court of the District of Columbia is herebygranted our ursdicto exclusive jurisdiction to review any order of the Administrator made pursuant to section 4 of this Act. The judgment and decree of the court shall be final, subject to review as provided by law relative to ud other judgments of the court. Three judges of the municipal court, selected in such rotation as the judges of the court shall determine, shall sit in all proceedings under this section and shall participate in the decision of such cases. (d) No court shall issue any interlocutory order or decree staying ofSproiofns. e the effectiveness of any provision of this Act or any regulation or order issued thereunder, unless the person objecting to such provision, regulation, or order, shall file with the court an undertaking with a surety or sureties satisfactory to the court for the payment, in the event such objection is not sustained, of the amount by which the maximum rent, if any, permitted under such provision, regulation, or order, exceeds or is less than the amount actually received or paid while such stay is in effect.

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