Page:United States Statutes at Large Volume 56 Part 1.djvu/63

 77TH CONG., 2 D SESS.- CH. 26-JAN. 30, 1942 35 (2) Whenever in the judgment of the Administrator a person has violated any of the provisions of a license issued under this subsection, or has violated any of the provisions of any regulation, order, or requirement under section 2 or section 202 (b), or any of the pro- visions of any price schedule effective in accordance with the provi- sions of section 206, which is applicable to such person, a warning notice shall be sent by registered mail to such person. If the Admin- istrator has reason to believe that such person has again violated any of the provisions of such license, regulation, order, price schedule, or requirement after receipt of such warning notice, the Administrator may petition any State or Territorial court of competent jurisdiction, or a district court subject to the limitations hereinafter provided, for an order suspending the license of such person for any period of not more than twelve months. If any such court finds that such person has violated any of the provisions of such license, regulation, order, price schedule, or requirement after the receipt of the warning notice, such court shall issue an order suspending the license to the extent that it authorizes such person to sell the commodity or com- modities in connection with which the violation occurred, or to the extent that it authorizes such person to sell any commodity or com- modities with respect to which a regulation or order issued under section 2, or a price schedule effective in accordance with the provi- sions of section 206, is applicable; but no such suspension shall be for a period of more than twelve months. For the purposes of this subsection, any such proceedings for the suspension of a license may be brought in a district court if the licensee is doing business in more than one State, or if his gross sales exceed $100,000 per annum. Within thirty days after the entry of the judgment or order of any court either suspending a license, or dismissing or denying in whole or in part the Administrator's petition for suspension, an appeal may be taken from such judgment or order in like manner as an appeal may be taken in other cases from a judgment or order of a State, Territorial, or district court, as the case may be. Upon good cause shown, any such order of suspension may be stayed by the appropriate court or any judge thereof in accordance with the applicable practice; and upon written stipulation of the parties to the proceeding for suspension, approved by the trial court, any such order of suspension may be modified, and the license which has been suspended may be restored, upon such terms and conditions as such court shall find reasonable. Any such order of suspension shall be affirmed by the appropriate appellate court if, under the applicable rules of law, the evidence in the record supports a finding that there has been a violation of any provision of such license, regulation, order, price schedule, or requirement after receipt of such warning notice. No proceedings for suspension of a license, and no such suspension, shall confer any immunity from any other provision of this Act. SAVING PROVISIONS SEC. 206. Any price schedule establishing a maximum price or maximum prices, issued by the Administrator of the Office of Price Administration or the Administrator of the Office of Price Admin- istration and Civilian Supply, prior to the date upon which the Administrator provided for by section 201 of this Act takes office, shall, from such date, have the same effect as if issued under sec- tion 2 of this Act until such price schedule is superseded by action taken pursuant to such section 2. Such price schedules shall be con- sistent with the standards contained in section 2 and the limitations Warning notice to violators. Ante, pp. 24, 30. Action if violation repeated. Suspension of li- cense upon court find- ings. Venue. Right of appeal. Stay of order of sus- pension. Modification of or- der. Affirmation by ap- pellate court. No immunity con- ferred. Price schedules is- sued prior to Adminis- trator's taking office. Ante, p. 29. Ante, p. 2. 56 STAT.]

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