Page:United States Statutes at Large Volume 58 Part 1.djvu/659

 58 STAT.1 78TH CONG., 2D SESS.-CH. 325-JUNE 30, 1944 The protestant shall be informed of the recommendations of the board and, in the event that the Administrator rejects such recom- mendations in whole or in part, shall be informed of the reasons for such rejection. "(d) Any protest filed under this section shall be granted or denied by the Administrator, or granted in part and the remainder of it denied, within a reasonable time after it is filed. Any protestant who is aggrieved by undue delay on the part of the Administrator in disposing of his protest may petition the Emergency Court of Appeals, created pursuant to section 204, for relief; and such court shall have jurisdiction by appropriate order to require the Admin- istrator to dispose of such protest within such time as may be fixed by the court. If the Administrator does not act finally within the time fixed by the court, the protest shall be deemed to be denied at the expiration of that period." AMENDMENTS TO SECTION 204 OF EMERGENCY PRICE CONTROL ACT OF 1942 SEC. 107. (a) Subsection (c) of section 204 of the Emergency Price Control Act of 1942, as amended, is amended by inserting imme- diately after the third sentence thereof a new sentence as follows: "Two judges shall constitute a quorum of the court and of each divi- sion thereof." (b) Section 204 of the Emergency Price Control Act of 1942, as amended, is amended by adding at the end thereof the following new subsection: "(e) (1) Within thirty days after arraignment, or such additional time as the court may allow for good cause shown, in any criminal proceeding, and within five days after judgment in any civil or crim- inal proceeding, brought pursuant to section 205 involving alleged violation of any provision of any regulation or order issued under section 2 or of any price schedule effective in accordance with the provisions of section 206, the defendant may apply to the court in which the proceeding is pending for leave to file in the Emergency Court of Appeals a complaint against the Administrator setting forth objections to the validity of any provision which the defendant is alleged to have violated. The court in which the proceeding is pend- ing shall grant such leave with respect to any objection which it finds is made in good faith and with respect to which it finds there is rea- sonable and substantial excuse for the defendant's failure to present such objection in a protest filed in accordance with section 203 (a). Upon the filing of a complaint pursuant to and within thirty days from the granting of such leave, the Emergency Court of Appeals shall have jurisdiction to enjoin or set aside in whole or in part the provision of the regulation, order, or price schedule complained of or to dismiss the complaint. The court may authorize the introduction of evidence, either to the Administrator or directly to the court, in accordance with subsection (a) of this section. The provisions of subsections (b), (c), and (d) of this section shall be applicable with respect to any proceeding instituted in accordance with this sub- section. "(2) In any proceeding brought pursuant to section 205 involving an alleged violation of any provision of any such regulation, order or price schedule, the court shall stay the proceeding- "(i) during the period within which a complaint may be filed in the Emergency Court of Appeals pursuant to leave granted under paragraph (1) of this subsection with respect to such provision; 639 Jurisdiction of court to require disposal of protest. 56 Stat. 31. 50 U. S. C., Supp. III, app. § 924. Infra. Emergency Court of Appeals. 56 Stat. 32 . 50 U. S. C., Supp. III, app. § 924 (c). Quorum. 56 Stat. 31 . 50 U. S. C., Supp. III app. § 924. Supra. Filing of complaint with Emergency Court of Appeals. 56 Stat. 33 . 50 U. S. C., Supp. III, app. §925. Post, p. 640. Ante, p. 632. 56 Stat. 35. 50 U. S. C., Supp. II, app. § 926. Ante, p. 638. Jurisdiction of court. 56 Stat. 33. 50 U. S. C., Supp. III, app. § 925. Pst,p. 640. Stay in enforcement proceedings.

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