Page:United States Statutes at Large Volume 62 Part 1.djvu/127

 80TH CONG., 2D SESS.--CH. 161 -MAR. 30, 1948 local board has jurisdiction at least fifteen days prior to such date, and a second notice was given by publication in such a newspaper at least five days prior to such date; "(C) if a copy of the local board's recommendation was filed with the Governor of the State within five days after such recom- mendation was mailed to the Housing Expediter; "(D) if a record is made of the evidence adduced at the public hearing held by the local board, and the local board certifies and transmits to the Housing Expediter, with such recommendation, a transcript of such record, or of those parts of such record, upon which its recommendation is based and a written statement of its findings made upon the basis of such record; and "(E) if the record so certified and transmitted to the Housing Expediter contains adequate and substantial evidence to support the findings and recommendation of the local board. If the Housing Expediter does not approve such recommendation meFndtion n remer- within thirty days after the date of its receipt by him, he shall, within gency court of Ap- five days after the expiration of such thirty-day period, file such recom- peal mendation in the Emergency Court of Appeals, together with the record and statement of findings of the local board and such statement as the Housing Expediter may desire to make as to his views on the matter. The statement of the Housing Expediter may be accom- panied by such supporting information as the Housing Expediter deems appropriate. Thereupon the Emergency Court of Appeals shall have jurisdiction to enter, within thirty days after the date of its receipt of such recommendation from the Housing Expediter (or within such additional period of not more than thirty days as the court may find necessary in exceptional cases), an order approving or dis- approving the recommendation of the local board. The recommenda- tion, record, and statement of findings of the local board, together with the statement and supporting information filed by the Housing Expe- diter, shall constitute the record before the court. If the court deter- mines that the recommendation is not in accordance with law, or that the evidence in the record before the court, including such addi- tional evidence as may be adduced before the court, is not of sufficient weight to justify such recommendation the court shall enter an order disapproving such recommendation; otherwise it shall enter an order approving such recommendation. The judgment and decree of the Finality of decslon. court shall be final. The powers heretofore granted by law to the Emergency Court of Appeals are hereby continued for purposes of exercise of the jurisdiction granted by this subsection. The court shall prescribe rules governing its procedure in such manner as to expedite the determination of cases of which it has jurisdiction under this paragraph. The Housing Expediter, the local board, and repre- sentatives of the State or States involved, shall be granted, to the extent determined by the court, an opportunity to be heard, by inter- pleader or otherwise, with right to be represented by counsel. "(5) Any recommendation to which paragraph (4) applies, if an order of disapproval thereof has not been entered by the Emergency Court of Appeals within the time prescribed in such paragraph, shall be carried out by the Housing Expediter- "(A) if it is with respect to a matter referred to in paragraph (1) (A), so that the decontrol is effected, retroactively if neces- Autep.96. sary, on the date recommended by thq local board, but not before sixty days after the date of the receipt of such recommendation by the Housing Expediter: Provided,That during the period of ninety days beginning with the date on which such decontrol is effected, the provisions of section 209 of this title shall be in SCsupp.i. effect as though such decontrol had not been effected; and o9. sm. "(B) if it is with respect to a matter referred to in paragraph 8epp'. 8 687060 -- 49 --pt. 1-7 62 STAT.] 97

�